Equality Act reasonable adjustments for PIP

Akim was summonsed for a Personal Independence Payment (PIP) personal reassessment*.  He is 19 and has severe learning disability.  He was also awaiting the latest round of surgery associated with the hole in his heart that he was born with.

Akim’s mother explained to the DWP’s assessments agent that he was unable to attend and so needed a postponement of the reassessment process. This request was refused with the DWP’s agent demanding attendance for personal assessment prior to surgery appointments, which was too much for Akim.

Kester Disability Rights wrote to the DWP explaining that Akim required reasonable adjustments to the PIP reassessments regime because of his disability. These were a file review on the basis of specialist medical evidence and, if a personal assessment was genuinely needed, that it should be done by telephone with Akim’s mother.

The DWP completed the reassessment without a personal assessment and increased Akim to the highest rate of both components of PIP when previously he was getting the standard rates.

*This case pre-dates the lock-down.  All PIP personal assessments are now by telephone.

Business as near to usual as possible at Kester Disability Rights

Kester Disability Rights continue to operate as close to normal as possible given the restrictions imposed by the Government in response to coronavirus.  I have one very part time assistant who is now on indefinite home-working.  I'm in the office on my own as usual, not being able to work at home due to not having the internet there, and my office being about four hundred yards away (we seem to have to justify every movement at the moment).

For anyone wanting facts about the coronavirus situation I would recommend this.

The DWP is extending PIP award periods as it is currently banned from doing face-to-face assessments.  So if your award was due for renewal there's no need to worry as it will be extended.  All ESA / Universal Credit reassessments are also on indefinite hold.

A potential problem with the current situation is if your benefits review would have resulted in an increase in your payments but is now delayed.  That means if you wait for the review you could end up with an unrecoverable under-payment.  In these circumstances you can "apply for a supersession".  This means telling the DWP your condition has worsened / your needs have increased.  The date you tell the DWP creates a point where any increase can be backdated to. 

Most social security appeal tribunals and county court hearings will now be by telephone or on the papers.  Telephone hearings tend to move along more briskly than face-to-face so can be a good solution for many people.  There are likely to be serious issues for people such as deaf claimants for whom a telephone hearing will not be suitable.  Video-conferencing should be made available.  Paper hearings can be okay as long as the claimant is able to submit an adequate case in writing.  A signed witness statement with a statement of truth can substitute for oral evidence.

Kester Disability Rights has been using different type of hearings for people with different needs for quite some time.  Personal hearings were never a good solution for many people but courts and tribunals were always keen on them.  This has forced a re-think.