Good news slipped out in a written ministerial statement on a Friday afternoon. New Secretary of State for Work and Pensions Esther McVey announced that the Government would not continue its appeal of a High Court judgement that its changes to entitlements to Personal Independence Payments for those whose mental ill health affected their ability to get around were unlawful. Ms McVey said:

On 21^st December 2017 the High Court published its judgment in the judicial review challenge against regulation 2(4) of the Social Security (Personal Independence Payment) (Amendment) Regulations 2017 S.I. 2017/194. The Regulations reversed the effect of the Upper Tribunal judgment in MH.

I wish to inform the House that, after careful consideration, I have decided not to appeal the High Court judgment. My Department will now take all steps necessary to implement the judgment in MH in the best interests of our claimants, working closely with disabled people and key stakeholders over the coming months.

These regulations went through Parliament last March. Liberal Democrat peers did their best to stop them and would have succeeded if Labour had voted with them. As I wrote at the time:

Not for the first time, you have to wonder what the point of the Labour Party in Parliament is. Should they not just go and sit on the Government benches?

LDV reader Matt wrote last year about how he would lose his support for mobility when he moved from Disability Living Allowance to Personal Independence Payments and the life-limiting impact that would have for him:

I hardly ever go outdoors, I tend to only go out when it is for a necessity like going to the doctor, psychologist or hospital and then I need my partner or family member to accompany me to keep me safe and to intervene in the event of me having a psychological episode. I can on very rare occasions manage a trip out to the countryside as long as it is a wide open space and there is nobody else about and I can see any perceived threats well in advance and I am able to escape and get back to the car or home quickly. I have become totally disengaged from society; I cut all ties with friends and former work colleagues many years ago. When I am outdoors, if I am confronted with a possible social interaction my brain starts racing at a million miles an hour. I convince myself they are going to ask me personal questions which will cause me distress. My brain starts running through conversations before they have taken place, it becomes sheer manic and panic, trust me when I say it is pure trauma. When I get home, the only way I can deal with this “psychological distress” is to start self harming and deflect my emotional trauma into a physical trauma as a distraction to escape my thoughts. It is hell.

I worry about these changes to disability benefits, not just for myself, but for people like me who suffer from debilitating mental health disorders who rely on the assistance of others and the welfare state in order to try and live an independent life.

So why do I say that this is good news….maybe. Simply because I don’t trust the Tories with any aspect of our social security system.  What will happen now is that all 164,000 claims affected by this ruling will be reviewed. By rights what should happen is that those affected will get their payments – and backdated, too. 

I say should because there’s a bit of a but in McVey’s ministerial statement – my emphasis:

Although I and my Department accept the High Court’s judgment, we do not agree with some of the detail contained therein. Our intention has always been to deliver the policy intent of the original regulations, as approved by Parliament, and to provide the best support to claimants with mental health conditions.

The Department for Work and Pensions will now undertake an exercise to go through all affected cases in receipt of PIP and all decisions made following the judgment in MH to identify anyone who may be entitled to more as a result of the judgment.

Those who support people through their PIP claims will now be looking very closely at what comes out of this review. We will need to be sure that the Government  doesn’t wriggle out of its obligations. I certainly won’t be happy until I see that those who were denied these payments have the money in their bank accounts.

Of course, as I’ve just been reminded in a conversation with Matt, none of this would be happening if it weren’t for the bravery of the person who took the Government to judicial review in the first place. There wouldn’t be a court judgement for the government to decide to accept if Billie (not her real name) hadn’t launched an action with the support of Wish, a women’s mental health charity. They ran a crowdfunder to raise the money to do it and many disabled people themselves contributed to make it happen.

* Caron Lindsay is Editor of Liberal Democrat Voice and blogs at Caron's Musings