The Department of Work and Pension has decided to review some PIP claims made by deaf or hearing-impaired people on or after 21st of August 2020. This is due to a change in PIP law relating to washing or bathing safely. Read on for more.
Background
In PIP, you earn points for not being able to do activities like washing, cooking or dressing. However, these tests – or descriptors as the DWP call them – are not just about being able to do these things at all. If you can’t do them SAFELY, you shouldn’t be regarded as being able to do them at all, and earn points.
In August 2018, the Upper Tribunal[1] said that a deaf person who couldn’t hear a normal audible domestic fire alarm if they were in a bath or shower could not bathe safely. They needed either an aid (like a flashing light alarm) or the assistance of another person to supervise them while showering, to tell them if there was a fire alarm.
Another Upper Tribunal decision in August 2020[2] said this also applied to deaf people who could hear an audible fire alarm by using a hearing aid or cochlear implant but who removed the hearing aid or implant when bathing or showering.
This same 2020 decision also confirmed that the DWP could not argue that, because the risk of a fire alarm was low, a deaf person did not really need an aid or someone to warn them about a fire alarm to keep them safe. The Upper Tribunal said that both the risk of something happening AND the consequences of that thing happening had to be taken into account. In this case, although the risk of a fire alarm might be low, the consequences to the deaf person left inside a burning building would be high. That made the overall risk high, making it reasonable to say that the person needed an aid or assistance to keep themselves safe.
The DWP have now said they will look at some PIP claims made by deaf or hearing-impaired people on or after 21st of August 2020, the date of the Upper Tribunal decision. This ‘administrative exercise’ will identify people who had their PIP claims assessed wrongly and not in accordance with the law.
However, the DWP has said that it will not be asking affected people for further evidence or inviting them for another assessment. They will just be looking at the original form to see if the person had reported problems with washing or bathing. If they didn’t, the DWP will not look at whether their claim was decided wrongly. This means that, if you didn’t ask for points for washing and bathing, you might not get any even if you legally qualify for them under this change.
What Does This Mean For You?
If you are not deaf or hearing-impaired, this change will not affect you.
If you are deaf or hearing-impaired, AND you made a claim for PIP which was decided by the DWP on or after 21 August 2020, you may get a letter from the DWP saying they have awarded you more points. This may make the difference between having your claim refused or between getting the standard or enhanced rate for daily living. If your claim is affected, the change and payment will be backdated to 21 August 2020 or the start of your claim if it is later. See below for advice about contacting DWP yourself.
If you are deaf or hearing-impaired, AND you made a claim for PIP which was decided by the DWP on or after 21 August 2020, BUT you got the enhanced rate for daily living, the DWP will not look at your claim again. This is because you can’t get a higher award even if you earn more points.
If you are deaf or hearing-impaired, AND you made a claim for PIP which was decided by the DWP on or after 21 August 2020, BUT the final decision was made on your claim by a Tribunal, the DWP will not look at your claim again. This is because any wrong decision would be the Tribunal’s fault, not the DWP.
Writing To The DWP Yourself
If you are one of the people directly affected by this decision, it MAY be worth writing to DWP to remind them that you should have got extra points when the DWP decided on your award. This is because the DWP will not look any further into your claim unless you claimed difficulties with washing or bathing on your claim form. Given that very few people knew about this law change, it may be that, when you filled in your form, you didn’t realise that you were entitled to points. The DWP will use this against you
People who are directly affected by this decision are deaf or hearing-impaired people who (in 2020) couldn’t hear a normal audible house fire alarm if they were in a bath or shower, possibly because they remove their hearing aid or cochlear implant.
But be cautious! If you write to DWP about anything to do with your claim, even reminding them about a past mistake, they have the legal right to look at your whole current claim again and decide to reassess you again from scratch. For this reason, we advise you to talk to a benefits advisor before deciding to write to DWP.
Finally
This is free information from the BuDS Disability Information Service. Our expert researchers make sure we only give you accurate, reliable and tested information. This post was edited by Meiyang J.
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To read the original DWP statement, use this link: https://www.gov.uk/government/publications/personal-independence-payment-changes/risk-and-safety-changes-to-pip-law-from-21-august-2020
References
[1] https://www.gov.uk/administrative-appeals-tribunal-decisions/sh-v-secretary-of-state-for-work-and-pensions-pip-2018-ukut-251-aac
[2] https://www.gov.uk/administrative-appeals-tribunal-decisions/kt-and-sh-v-secretary-of-state-for-work-and-pensions-pip-2020-ukut-252-aac