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Personal Independence Payments (PIPs) are unlawful and discriminatory

 

RF v Secretary of State for Department of Work and Pensions  [2017] EWHC 3375 (Admin)

 

The High Court of England and Wales has found that part of the rules governing PIPs are unlawful and discriminate against those with mental health conditions.

 

The new PIP regulations, introduced in March 2017, stopped people qualifying for enhanced payments within the mobility component of PIP for reasons of ‘psychological distress’.  Individuals with conditions such as severe anxiety warned that they were afraid to leave the house and needed support to walk 200 metres but were stripped of payments because they did not need a walking stick. 

 

The court quashed the 2017 Regulations and held that the Secretary of State had failed to engage in adequate consultation before introducing the new rules.  The court said that the Regulations went against the very purpose of what the PIP regime sought to achieve. 

 

The case was taken by the Public Law Project and supported by The National Autistic Society and Disability Rights UK.  Interveners included Mind and the Equality and Human Rights Commission. 

 

An article by the Public Law Project can be read here.  The Guardian’s article can be read here.   

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Social Security