Tories finally get PIP
Work and pensions secretary Esther McVey has confirmed that the government will not appeal against a court ruling that changes to regulations covering the mobility component of Personal Independent Payments (PIP) changes were unlawful.
From 16 March 2017, the PIP regulations prevented an award of the enhanced PIP mobility rate in cases where someone cannot follow the route of a familiar journey without another person unless it is “for reasons other than psychological distress”.
This meant that those with serious mental health conditions who are unable to plan or undertake a journey because of overwhelming psychological distress were only entitled to a lower level of support, if any.
Last December, a High Court judge quashed the regulations because they discriminate against those with certain disabilities, in breach of Human Rights Act 1998. As they were discriminatory the judge also found that the secretary of state did not have lawful power to make the regulations (that is, they were “ultra vires”) and should have consulted before making them, as they went against the very purpose of what the PIP regime sought to achieve.
The judge said the decision to introduce the regulations was “manifestly without reasonable foundation” and that the wish to save money could not justify such an unreasonable measure.