Last week I came to the House to answer an Urgent Question regarding two PIP appeals to the Upper Tribunal (known as AN and JM) that I had withdrawn. I was unable to comment on a related case that was pending an appeal to the Court of Appeal (known as LB) as it concerned ongoing litigation, and I committed to updating the House at the earliest opportunity on this case when I was able to do so.
I carefully considered this appeal and have decided to not continue with it in order to provide certainty to the claimant involved. The March 2017 amending regulations (Regulations 2(2) and (3) of the Social Security (Personal Independence Payment) (Amendment) Regulations 2017) clarified the Department’s position on PIP Daily Living Activity 3 (managing a therapy or monitoring a health condition) and therefore further litigation is unnecessary.
On Wednesday 13th June I received confirmation that the Court of Appeal had consented to my Department’s application to withdraw the appeal in the LB case, and I am pleased to confirm the claimant will be receiving arrears of benefit as soon as possible.
My Department has now begun work to apply the law as stated by the Upper Tribunal in LB and will take all steps necessary to implement it in the best interests of all affected claimants for the period 28 November 2016 (the date of the Upper Tribunal decision in LB) to 16 March 2017 (when the amendment to activity 3 came into force). This work will include a review exercise later in the year. We expect that around 1,000 claimants will be affected.
I am absolutely committed to ensuring that disabled people and people with health conditions get the right support they need. PIP is a modern, personalised benefit that assesses claimants on needs, not conditions. It continues to be a better benefit than its predecessor DLA for claimants with chronic conditions. This Government is spending over £50bn a year supporting people with disabilities and health conditions – this is higher than ever before.
This statement has also been made in the House of Lords