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In response to two test cases ,  the government has changed the law to alter the wording concerning two PIP descriptors.  Click on the link in the last sentence to see how- 

re- Daily Living Descriptor 3- Managing therapy or monitoring a health condition.

'Regulations 2(2) and 2(3) reverse the effect of the judgment of the Upper Tribunal in the case of Secretary of State for Work and Pensions v LB (PIP) [2016] UKUT 0530 (AAC). Regulation 2(2) separates the definition of “manage medication or therapy”, in Part 1 of the Schedule, into two separate definitions (“manage medication” and “manage therapy”). It also amends the definition of “therapy” to make it clear that this does not include receiving or administering medication by any means, or any action which (in the case of the particular claimant being assessed) falls within the definition of “monitor a health condition”. Regulation 2(3) amends the activity “managing therapy or monitoring a health condition”, in Part 2 of the Schedule (daily living activities), to make it clear that descriptor b (need for an aid, appliance, prompting, supervision or assistance to be able to manage medication or monitor a health condition) remains the appropriate descriptor even if two or more elements in that descriptor are satisfied.'

 

re- Mobility Descriptor 1- Planning and following journeys.

Regulation 2(4) reverses the effect of the judgment of the Upper Tribunal in the case of MH v Secretary of State for Work and Pensions (PIP) [2016] UKUT 0531 (AAC) by making it clear that, in the activity “planning and following journeys” in Part 3 of the Schedule (mobility activities), the effects of psychological distress are not relevant to descriptors c, d or f (planning or following the route of a journey).

 

For the implications of these changes, including to current claims-

 

Book now for our updated PIP 2017- challenging decisions workshop course.

 

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