The process followed by the Government to change the eligibility criteria for the mobility part of PIP has been ruled ‘lawful’ by a judge.  

Earlier this month the Government was taken to court over the way they’d made a decision to change the criteria for the new benefit, PIP.  

Now, if people who have a physical disability can walk just 20 metres, even using a stick, they’ll miss out on the higher rate of the mobility part of the benefit. The previous distance was 50 metres.

In court, legal teams argued that the decision was made without fair consultation and while the Government retrospectively consulted on the change, they had already committed to it in practice.

While the judge was critical of the decision making process, he ultimately ruled that it was lawful.

Bitterly disappointing

Claire Nurden, co-chair of the Disability Benefits Consortium and Senior Policy & Campaigns Officer at the MS Society, said: “Today’s result is bitterly disappointing. The case was a real opportunity to challenge the government about a decision that’ll have a devastating impact on more than half a million disabled people.  

PIP is intended to help those most in need but it is exactly these people that are set to lose. We would strongly support an appeal of this decision.”

The legal teams will now look at where they can appeal the decision.

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One thought on “PIP legal case unsuccessful

  1. Unlike the statement by Iain Duncan Smith, I did see a DWP appointed doctor, who signed me unfit for work for 5 years. Then last year I received a form in the post, for the new ESA. I didn’t even get an acknowledgement to say they had received it. Didn’t hear a thing for months, despite my phoning to find out what was happening. Finally I got a phone call out of the blue, at the time I was shopping. Bad move apparently as despite explaining it took me 4 hours, what with stopping, resting etc it appears he wrote down ” I shopped for 4 hours”.
    Lost it on appeal, although they did say I was unfit to claim JSA.
    Now looks as if my DLA (middle rate care & higher rate mobility) will go the same way

    Stressed and upset and no idea what’s going to happen

    I’m under doctors instructions to walk, or will end up in wheelchair, all at the age of 55

    Can we go to European Court of Human Rights (article 14) ?

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