DLA to PIP Benefit Plans

posted: 10/05/2011

The benefit called Disability Living Allowance (DLA) will be replaced from 2013 - 14 with a new benefit, Personal Independence Payment (PIP). The government has just published their detailed proposals for how this new benefit will be assessed and asks for public comments.

Disability Living Allowance some people with HIV now recieve comes in two flavours - the care component (with 3 rates of payment), and the mobility component (with 2 rates of payment). The top rate of the mobility component is converted by many people into a leased car from Motability.
 

The government intends to cut 20% from the benefits bill when they make the change from DLA to PIP, so the rules for Personal Independence Payment are tougher than the DLA rules, so PIP will go to people ‘with the greatest need’. This means some people will no longer get the benefit or will get less than now.
 

Most people get DLA after simply filling in a claim form. Everyone getting PIP will face a medical assessment as well as filling in a claim form.

Most people will want something simple to read and understand. The Disability Alliance has a useful factsheet page which is kept updated.

The official explanation and consultation documents

Comments by 6 June

The deadline for public comments on these proposals is 6 June. Leading HIV organisations will be making comments on these proposals.

Work Incapacity Tests – Have Your Say

posted: 09/08/2010

You can have your say in an independent review of how people’s fitness for work is checked by a medical, when claiming benefits for being too ill or disabled to work. People who claim Employment and Support Allowance have medical assessments as part of their claim. These are called ‘Work Capability Assessments’. The fairness of these is now being checked. We know many people with HIV are having serious problems with these.

Also people in Burnley who are on Incapacity Benefit are being put through these medicals as part of a national pilot. Beginning in February, everyone else on Incapacity Benefit will have to have one of these medicals. Many people living with HIV claim these two benefits.
 

Problems lead to review

The fairness of these medical assessments is being checked by an independent national review, led by Professor Malcolm Harrington, who is an occupational health expert. He will produce a report by the end of the year on whether the assessments are fair and transparent.
 

Have your say

You can have your say, based on your experience by Friday 10 September.

They ask a number of questions, but you don’t even need to answer these – simply say what happened to you, and whether you think the system works for people with HIV, or you could give plain and simple answers to questions 2, 3 4, and 6. Most of the questions are aimed at benefits experts.
 

Email your comments

or post your comments to WCA Independent Review Team, Floor 6, Section B, Caxton House, Tothill Street, London, SW1H 9NA.
 

What benefits and disability experts think
Disability charities say the current assessments tests are inflexible, and fail to take into account how long-term conditions (like HIV) can vary from day to day, or from week to week. George House Trust knows there are serious problems with the way these incapacity assessments are done and that people with HIV face a high rate of wrong refusals.
 

Atos Healthcare (who have the government contract for doing Employment Support Allowance assessments) appear to refuse to record basic HIV information like people’s CD4 count, admit their own ignorance about HIV and unwillingness to learn about HIV, don’t refer people with HIV to doctors for a full medical assessment as they should do, refuse to consider the ‘exceptional circumstances’ rules (regulations 29 and 35), and ignore medical reports from HIV doctors.
 

The advisers at Manchester Advice who specialise in HIV have won appeals before they can even say a word. Independent Tribunals have shown they are disturbed and surprised that plain evidence of obvious incapacity for work due to HIV is ignored, and at the failure to follow the rules.

 

How Fair Are Incapacity Tests?

posted: 30/06/2010

The government has just announced an independent review of how they assess the fitness of people claiming benefits for being too ill or disabled to work. People who claim Employment and Support Allowance and Incapacity Benefit have medical assessments to help decide their claim. Many people living with HIV claim these benefits.

The fairness of medical assessments will be examined in a national review of incapacity assessments, chaired by Professor Malcolm Harrington, an occupational health expert. He will produce a report by the end of the year on whether the assessments are fair and transparent.
 

Burnley first
It has also just been announced that Burnley people, including people living with HIV, will be among the first to transfer from Incapacity Benefit to Employment Support Allowance – and that will involved one of the assessments that are about to be reviewed.
 

Ministers have said they will starting two pilots projects to reassess the 2.6 million existing incapacity benefit claimants using the Employment Support Allowance rules. 1,700 people claiming Incapacity Benefit in Burnley and Aberdeen will start to be reassessed from October 2010, and then this reassessment will be extended nationwide from February 2011.
 

The assessments try to decide whether people claiming the benefits are in fact able to work, or whether they need some support, or whether they cannot work at all and need full sickness benefits for being unable to work at all.
 

Assessments not fair and not working
Disability charities say the current assessments tests are too inflexible, and fail to take into account how long-term conditions (like HIV) can vary from day to day, or from week to week. George House Trust knows there are serious problems with the way these incapacity assessments are done and that people with HIV face a high rate of wrong refusals.
 

Atos Healthcare (who have the government contract for doing Employment Support Allowance assessments) appear to refuse to record basic HIV information like someone’s CD4 count, admit their own HIV ignorance, don’t refer people with HIV to doctors for a full medical assessment as they should, refuse to consider the ‘exceptional circumstances’ rules (regulations 29 and 35), and ignore medical reports from HIV doctors.
 

The advisers at Manchester Advice who specialise in HIV are winning appeals almost before they open their mouths. Independent Tribunals are disturbed and surprised at how plain evidence of obvious incapacity for work due to HIV is ignored, and the failure to follow rules and proper procedures.
 

Disability Discrimination

George House Trust believe this is strong evidence suggesting disability discrimination in the way people with HIV are treated by Atos Healthcare and the Department for Work and Pensions. We are considering formal complaints and other action. 
 

Additional details added to Source