Are you in the process of claiming PIP or asking for a mandatory reconsideration? I had an email just before Christmas from Tired Git who has experienced precisely this, he offers the following advice:
“I wondered if you were aware of the discrepancy I have found in how the DWP interpret distances when they determine how far we are capable of walking to set the level of PIP awarded. In the application form for PIP the tick-box options for distances applicable to deciding the awarding of high or standard mobility are:
- Less than 20 metres
- 20 metres to 50 metres
However, Schedule 1 part 3 (2) of the Social Security (Personal Independence Payment) Regulations 2013 (as it appeared 16/12/2014 on the legislation.gov.uk website) contains the following definitions:
- d. Can stand and then move using an aid or appliance more than 20 metres but no more than 50 metres. 10 points
- e. Can stand and then move more than 1 metre but no more than 20 metres, either aided or unaided. 12 points
‘Less than 20 metres’ is completely different to ‘no more than 20 metres’. One definition includes 20 metres, the other doesn’t. DWP have introduced confusion over whether a distance of 20 metres qualifies claimants to extended or standard mobility by introducing an application form that does not mirror the regulations. So which definition are DWP using to determine eligibility? Doh!
The difficulty is that I have been given standard mobility award because during the assessment I used the term “up to 20 metres” According to the case manager, if an applicant mentions 20 metres, e.g. says ‘up to 20 metres’ like I did, the assessor will automatically put him/her into the longer category. Another bit of benefit saved!”
He closes with a suggestion that we ought not to say “up to 20 metres” but clearly state No More Than.
I’m going to try exactly this with my MR request as I’m 2 points off the higher rate and this has cost me £120 a month!!
Good Luck if you try this and please let me know how it goes