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Background
On 27 May 2014, the DWP issued an updated version of the PIP Assessment
Guide. A DWP guidance document for providers carrying out assessments for
Personal Independence Payment (the Assessment Guide).
In this edition of the Assessment Guide significant additions and alterations were
made to guidance relating to Activity 11. Planning and following journeys.
The effect of these alterations appears to be to instruct health professionals that
claimants who need accompanying by another person when following the route
of a journey, because of a mental health condition, are covered solely by
descriptor 11 (b). Needs prompting to be able to undertake any journey to
avoid overwhelming psychological distress to the claimant and no other.
Clear instructions are given in the Assessment Guide in relation to 11 (d) and 11
(f) that the descriptor does not apply to claimants who require someone with
them for support only, as this is covered by descriptor B.
In addition, the Assessment Guide states that 11 (b) does not apply where the
claimant needs simply encouragement when leaving the home
We would submit that this guidance is erroneous and leads to the incorrect
descriptors being selected by assessors for claimants with mental health
conditions such as PTSD, anxiety disorders and agoraphobia.
Where decision makers adopt the findings of the assessors in these
circumstances they will be guilty of an error of law as a result of applying the
wrong criteria when deciding which descriptors apply.
We would submit that, instead, the words of the descriptors should be given
their ordinary meaning except where specific definitions have been given in the
legislation.
In this regard, prompting is defined by the legislation as meaning reminding,
encouraging or explaining by another person.
Descriptor 11 (b)
The second draft of the Planning and following a journey activity was as follows:
A Can plan and follow a journey unaided. 0 points
B Needs prompting for all journeys to avoid overwhelming psychological distress
to the individual. 4 points
C Needs either
(i) supervision, prompting or a support dog to follow a journey to an unfamiliar
destination; or
(ii) a journey to an unfamiliar destination to have been entirely planned by
another person.
D Cannot follow any journey because it would cause overwhelming
psychological distress to the individual. 8 points
E Needs either
(i) supervision, prompting or a support dog to follow a journey to a familiar
destination; or
(ii) a journey to a familiar destination to have been planned entirely by another
person. 15 points
It is clear from 6.16 of the document (below) that the policy intention was for
descriptor B to apply to someone who requires prompting to leave the house in
order to follow a journey and descriptor E to apply to someone who is unable to
follow a familiar journey at all unless accompanied by another person.
6.16 Some respondents suggested that descriptor B in the second draft was
technically the same as descriptor E and our differentiation between the two was
incongruous. However, we believe there is a significant difference between
someone who requires prompting to leave the house in order to follow a journey
and someone who is unable to follow a familiar journey at all unless
accompanied by another person. We believe this justifies the differences
between the descriptors. However, in light of this point and other comments
referred to above, we have simplified the criteria and made some changes to
terminology to make them clearer and simpler to apply. For example the
differentiation between the new descriptor B and new descriptor F is clearer now.
The document, therefore, explains that the descriptors have been made clearer
and simpler in the final draft of the descriptors, those that are now in force.
There is no suggestion that their meaning has been changed so drastically that a
descriptor that applied to someone who needs encouragement to leave home in
the second draft now specifically does not apply in those circumstances in the
final draft and instead only covers people who need accompanying when actually
on their journey for the purpose of prompting.
We would submit, therefore, that the language of 11 (b). Needs prompting to be
able to undertake any journey to avoid overwhelming psychological distress to
the claimant. should be given its everyday usage and may apply where a
claimant needs encouraging to leave the house and set out on their journey.
Once again, it is clear that the intention was that claimants with mental health
conditions could score points for a number of descriptors rather than solely for
11 (e) if they are entirely unable to go outdoors or 11(b) if they can go outdoors
but require support.
The legislation as envisaged and written creates a graded level of support for all
claimants with difficulties. It begins with those who need help to get started on a
journey, who get points but no award, progressing through those who need help
on unfamiliar routes, who get the standard rate of mobility, and ending with
those who need help on familiar routes, who get the enhanced rate.
The legislation as interpreted by the assessment guide would leave this structure
intact for those who need help with navigation.
But for people with mental health conditions there would be just 4 points
meaning no award of benefit in the absence of physical conditions as well for
everyone, unless they were absolutely unable to go outdoors at all, in which
case they would get the standard rate
We would submit that this is neither what the legislation says or was ever
intended to say and that, therefore, the guidance given to assessors in the
Assessment Guide is in error.
Fight or flight
The accompanying person is providing a great deal more than the prompting
set out in 11 (b)and without that person present then they may not be reliably
able to follow the route of a journey because of the possibility of experiencing a
panic attack. They may, therefore, meet the requirements for 11 (d) or 11(f).