PIP 20 metre rule consultation back in court

This time last year we took the Department of Work and Pensions to a judicial review to decide if they properly consulted about cutting help for people who can only walk a few metres.

The original consultation did not make clear the plan to cut the qualifying maximum distance from 50 metres to 20.  In quite strong language for a judge, the court noted that the consultation was  “Mind-bogglingly opaque”, “At best ambivalent”, and “Convoluted, inherently unclear, ambiguous and confusing.  No construction allows for full coherence.”

Nevertheless, the court found – very narrowly – in favour of the government and said that the second consultation, started after this judicial review was in motion, was enough to make things right.

This week we are back in court to appeal that decision. We argue that the second consultation could never have changed the decision that had already been made. The hearing will take place in the Royal Courts of Justice in London from 10:30 on the 14th and 15th of July. The judgement will follow a few days later.

It is frustrating that this case is about whether the consultation on PIP was fair rather than about the cut itself, but the courts cannot decide on government policy. As part of their defence the DWP pointed out that they are fully aware of the impact of their policy, and are removing DLA from “individuals with genuine health conditions and disabilities and genuine need” and “removing or reducing that benefit may affect their daily lives.” The DWP did do a consultation on their policy though, and that consultation wasn’t fair, so that is what we are fighting.

 

Electric Wheelchair in the back of a car
My Motability car, which I stand to lose if denied the high rate mobility component of PIP

 

Background information

As part of the Welfare Reform Act 2012 the government replaced Disability Allowance with Personal Independence Payments. Their main reason for the change was to introduce repeated frequent testing to see if claimants have miraculously healed. They also changed the maximum distance that you can walk and still qualify for help towards regaining your mobility. Under DLA the cutoff was recognised to be 50 metres. Under PIP it has been slashed to just 20 metres. This means that if someone can walk more than 20 but less than 50 metres (subject to a few caveats) then they will no longer get the highest amount for the mobility component of PIP. Assuming the person still qualifies for the lower rate of mobility, this is a cut of £35.65 per week. But worse than that, the higher rate mobility component is a gateway to all sorts of help including the right to lease a car or wheelchair through the Motability scheme. As a result of this cut more than a hundred people are losing their car every week, and many thousands more will follow when they are reassessed for PIP. Losing independent transport means losing independence and access to services.

A prominent example of this came just last month when Teenage Paralympian Kayleigh Haggo was denied the higher rate for mobility and lost her car. Kayleigh got her car back after the decision was overturned a few weeks later but this illustrates the problem that we are facing.

UPDATE
The hearing took place and seemed quite positive however the judgement will follow at a later date, probably October.

Previously on this blog:

PIP judicial review: Court rules against us but vindicates our case

Two weeks until PIP Judicial Review – 20 metre limit in the dock

Replacement of disability living allowance headline news for hours

Why I am suing the government

“Lots of folk can’t afford a car”

Inaccessible world

After publishing my film “A short film about pavements” this morning I have already had people suggest that I should not use a wheelchair on those paths because it is not designed for them, that I should rely on family or my local church to take me to where I need to go, that I simply want the government to spend more money that we haven’t got to fix the problem, and that it is bleeding heart socialist to ask for things to be made accessible for everyone.

So what was my point with the video? What do I want?

First of all, accessible buses with low floors. This is a reasonable adaption, and in fact a legal requirement by 2015. Unfortunately it takes time to do, and my local bus companies do not think it a priority to implement on the route that goes through my town.

Secondly, I would like broken pavements to be repaired and grass, mud and hedges to be kept back from the path. I can put up with a rattly bumpy ride, but where there are holes in the ground that necessitate my 86kg wheelchair being lifted out of after getting stuck, it’s quite reasonable to ask for it to be filled in.

Thirdly, I would like dropped kerbs at corners. In three examples in my film there are corners with no dropped kerbs, some quite new. At best this is negligence, possibly incompetence. These ramps should have been built in to start with. They are not a special requirement for wheelchairs, they are also needed for baby buggies, and people that have difficulty walking, and even just skateboards and roller skates. I’m sure there are more examples. Where corners have been built without dropped kerbs, these need to be fixed. It’s not an optional extra.

Why do I want all this? If we have no money, why shouldn’t I settle for being driven to the doctor, the pharmacy, the supermarket etc by volunteers from my local church, or by family members or friends? Big Society in action?

First of all, there is no guarantee of getting a volunteer. When I make an appointment with the doctor, I can’t check if there will be someone free to take me there a week or a month ahead. I can’t be on the phone to the doctor’s receptionist and the local church at once, arranging a mutually convenient time. And I have no idea if my father will be available to drive me during the working day, a month ahead.

Then there is the fact that it should not be necessary! I have a powerchair, there are buses, there is a walking route that goes where I need to go. (And is used by other people.) I should be able to use all these things.

I don’t have a car. I am too ill to ride my motorbike. I can’t afford the taxi fare at £17 for a round trip. I can’t walk to the bus stop and then walk around town afterwards. I need to take my wheelchair with me unless I’m not walking anywhere and not standing when I get there. Admittedly, I am going to apply for Disability Living Allowance which will help towards travel costs, but DLA is to be replaced by the much harder to get Personal Independence Payments, and that is going to withdraw support from many people on the basis that disabled people no longer need so much help because everything is accessible now. Everything is NOT accessible now.

I don’t want charity. I don’t want embarrassing reliance on other people. I don’t want to have to beg for help, or to feel like I am an inconvenience, or that I am causing problems by dragging my family or friends out of work to take me to places. I should be able to go there myself. I can go there myself. If only the council and the bus company did their jobs.