Judicial review issued against PIP 20 metre criteria

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Morris King & Hodge P.C. and other lawyers have announced that they are taking legal action against the Government on behalf of three disabled clients who are challenging the decision by Ian Duncan Smith, the Secretary of State for Work and Pensions, to bring in more stringent measures to qualify for mobility benefit.

The three clients currently receive disability living allowance (DLA) including the higher rate of the mobility component. This non-means-tested cash benefit has been available since 1992 and provides people with assistance towards the costs of an adapted car, powered wheelchair or scooter through the Motability scheme.

Under DLA a person is entitled to the higher rate of the mobility component if they are ‘unable or virtually unable to walk’. Usually claimants are considered to be ‘virtually unable to walk’ if they cannot walk more than around 50 metres.

The new Social Security (Personal Independence Payment) Regulations 2013 (PIP) have reduced this benchmark distance to 20m. The Government itself has estimated that around 428,000 fewer people* will, as a result, be eligible.

Kim Storr has rheumatoid arthritis and other severe progressive conditions and her mobility is affected by joint swelling and pain. She relies on crutches. She currently receives DLA including the higher rate of the mobility component. Ms Storr needs an adapted vehicle to enable her to go out independently.

Steven Sumpter has ME, which has caused him increasing mobility problems. He can walk short distances with a stick, but is otherwise dependent on a wheelchair. He was assessed as eligible for the higher rate of the mobility component of DLA last year, which he has used to lease a Motability car.

The third claimant is protected by an anonymity order to protect their identity.

Law firms Leigh Day and Public Law Solicitors argue that a consultation process set up by the Government to reassess the benefit was flawed. The Secretary of State did not consult on the proposal that the limit would be reduced to 20 metres. This suggestion was only introduced after all the consultation stages had passed.

Consultees were therefore denied the opportunity to comment on the proposal or to explain to the Secretary of State how such a restriction to the benefit will affect them and their independence.

The 50 metres distance is widely recognised in relation to other disability benefits and in guidance on the built environment, to represent a minimum functional level of mobility.

Proceedings have been issued against the Secretary of State for Work and Pensions, Ian Duncan Smith, claiming that the new regulations regarding the PIP payment are flawed and unlawful. They argue the policy-making process failed to properly consider the practical impacts the withdrawal of the benefit will have on people with significant mobility impairments.

Rosa Curling, from the Human Rights team at Leigh Day who is representing two of the disabled clients said:

“We have advised our clients that the consultation undertaken by the Secretary of State was unlawful. People were not properly informed that the limit might be reduced to 20 metres and had no opportunity to provide the Secretary of State with their views on this proposal.

“Removing this vital benefit to disabled people will have a devastating effect on many people’s lives and their ability to access and be part of our communities. The Secretary of State has a legal obligation to consider such impacts before deciding whether to limit access to this benefit.”

Karen Ashton from Public Law Solicitors who represents Mr Sumpter, said:

“What is at the heart of this legal challenge is fairness. The extra costs of getting out and about for those who have severe mobility problems can be huge. The higher rate mobility benefit can make the difference between being able to do everyday things that everyone else takes for granted – such as doing your own shopping and visiting friends and relatives – and only leaving the house for absolutely essential appointments. But the Government failed to mention the reduction to the 20m threshold in their consultations with disabled people and so those who are potentially affected have not had the chance to explain how devastating the consequences will be.”

* DWP: PIP Reassessments and Impacts, December 2012 (http://dwp.gov.uk/docs/pip-reassessments-and-impacts.pdf)