Court rejects PIP 20 metre appeal on the grounds that the PIP consultation process was fair
The Court of Appeal have rejected the appeal in Sumpter vs Secretary of State for Work and Pensions. This was an appeal against last year’s High Court ruling rejecting a judicial review challenge to the fairness of the Government’s consultation process on the introduction of the Personal Independence Payment (PIP) 20 metre eligibility criteria.
Under PIP you can get an enhanced mobility component if you are only able to move up to 20 metres aided or unaided. Previously, under Disability Living Allowance (DLA), the equivalent higher mobility award was given to those who could only manage to walk up to 50 metres.
The Court of Appeal found that the PIP consultation had been conducted fairly, if not exactly flawlessly and upheld the earlier High Court decision.
“The reality was that consultees such as Mr Sumpter had every opportunity to present to the Respondent the difficulties that the move from a 50 metre benchmark to a 20 metre one would cause to them. It is clear that such opportunity was taken.”
This ruling means that thousands are likely to lose out on the PIP enhanced mobility component. Disability Rights UK has already highlighted that 150 to 200 lose their Motability car each week and that the DWP consistently fails to provide information on how many disabled people have been awarded the PIP enhanced mobility rate. However the Government’s own figures predict that, by 2018, just over 600,000 will qualify for the enhanced mobility component compared to over a million people who would have qualified under the old scheme.
The effect on the independence of disabled people will be profound. Prior to the judgement Mr Sumpter said:
“Without access to support, I would be unable to do a huge number of activities that many people take for granted. I would lose my Motability vehicle and would struggle to access local amenities including supermarkets.
The government policy on eligibility would leave me completely in the lurch and massively affect my quality of life.“
Liz Sayce, Chief Executive of Disability Rights UK says:
“PIP could see thousands of disabled people become institutionalised in their own homes. The DWP expects that 600,000 disabled people who currently get the higher rate mobility component will lose it altogether or receive the lower amount. This means that many will lose their car under the Motability car scheme so they will no longer be able to get to work or get out and about.
We believe the test of policy changes relating to disability should be whether they help or hinder independence and participation in society. This change does not meet this test.
Despite receiving over 1,100 responses to the 2013 consultation opposing the new PIP mobility test the Government pressed ahead."