BUdget 2011

Noticed that the plan to stop the mobility component for those entering res care (planned for 2012) is not going ahead. However, it will be considered under the review of DLA (PIP).

Budget confirms that the10% cut to HB/CTB after a year on JSA is scrapped.

But the other - previously announced - cuts of the 30th percentile and LHA caps - are to go ahead in April. But what about the other cuts - also previously announced, like the removal of the 5 bed rate, scrapping £15 excess and non dep increases? All due this April. I assume they are still going ahead.

ESA in youth abolished from April 2011 - confirmed

And what about Junior ISA’s - available to all those under 18 who do not have a child trust fund from Autumn 2011.

Hi,

The changes to the LHA percentiles, caps, removal of £15 excess and removal of 5 bedroom rate were included in Statutory Instruments issued at the end of November 2010: http://www.rightsnet.org.uk/news/story/reform-of-local-housing-allowance-from-april-2011/

The increase in non-dependent deductions was included in the 2011/12 upratings, they are going up by approximately 27%, I am not sure if they needed any regulations for that.

Josh

Does anyone know whether someone on LR care for an indefinite period will be transitionally protected if PIP replaces DLA?

Hi Paul,

Schedule 10 of the Welfare Reform Bill (page 137) looks at transitional arrangements regarding DLA and PIP. The relevant bits (as far as I can see) are as follows:

1(1) Regulations under section 90 may in particular make provision for the purposes of, or in connect with, replacing disability living allowance with person independence payment.

Awards of existing allowance

4(1) The provision referred to in paragraph 1(1) includes -
(a) provision for terminating an award of disability living allowance;
(b) provision for making an award of personal independence payment, with or withour application, to a person whose award of disability living allowance is terminated.

My reading of this is that if they chose, they can make the decision to cancel a DLA claim and reassess under the new PIP rules. There doesn’t appear to be anything that will guarantee that an award of DLA will continue indefinitely.

Obviously, PIP only applies to the under 65’s, so if DLA is awarded and the person is now over 65 they should continue to receive the award.

Hope this helps

Cheers

John

Thanks John.  Worrying isn’t it?

I repped a client at an ESA appeal yesterday who has an indefinite award of LR Care/LR Mob who has a borderline case for MR Care and was thinking of going for supersession.  I advised caution as if she were to lose indefinite period status and stayed on LR Care or a fixed period, or lost it even, and lost any subsequent appeal, then getting a PIP might be a lot more difficult.  It therefore might be prudent to wait a while and see what unfolds.  Such uncertainty is not good!

Regards
Paul

Very worrying. It’s estimated that 20% of DLA claimants won’t qualify under the new PIP qualifying criteria. I have spoke with numerous clients who are claiming DLA and are very concerned about what will happen with PIP. It’s difficult to reassure them at the moment, there’s so much uncertainty.

Challenging times ahead me thinks.

Regards

John