Tag Archives: high court

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.