Human rights infringement.

[mrfatigued]

I have had RA for about ten years now,i was awarded mobility allowance/vehicle.without which my life would have collapsed.it has saved my family in so many ways. i was told in the paperwork that this was an award for life and consequently planned around this.Huge life decisions for me and my family were decided and acted upon because of this information.So now this Pip thing is happening which as i understand could alter my situation in relation to the award for life.

I wonder is this legal, are not my human rights being compromised. My quality of life has already been greatly affected by the stress and worry for the future.

[nomoreheels]

"Lifetime and indefinite DLA awards have never been immune from review or cancellation

No DLA claimant aged 64 or less on 8 April 2013 is exempt from the PIP reassessment processes, though it remains a common misconception that a lifetime DLA award cannot be reviewed or amended.

Open-ended DLA awards were initially described as "for life" by section 71 of the Social Security Contributions and Benefits Act 1992, but this description was changed by section 67 of the Welfare Reform and Pensions Act 1999 to "for an indefinite period". As the explanatory note accompanying this change makes clear, a DLA award made "for life" remains subject to an ongoing requirement to satisfy the criteria for that award, and the "for life" description does not shield that award from review or amendment. There is therefore no difference between lifetime and indefinite DLA awards.

There will be some who believe that because they have an open-ended award of DLA that they are entitled to stay on DLA forever, especially if that DLA award was awarded "for life". However, it is a fundamental principle of British constitutional law that no Parliament can bind its successors. Even if Parliament had attempted to ensure that lifetime DLA awards really were for life when the benefit was created in 1992, this could not have stopped Parliament from starting the process of replacing DLA with PIP in 2012."

This was c&p'd from the Youreable site. Maybe it helps ?

[mrfatigued in reply to nomoreheels]

Thanks for the reply.Pippin heck!

[Jeanabelle60 in reply to nomoreheels]

There is so much conflicting information about just when all this comes into effect. I am on Middle and Low DLA. This money keeps my wreck of a car n the road and like others it is my independence. I went to see a fella who does Community rights work and he told me that none of it takes effect until 2016 and as I will be 66 by then I won't be loosing my benifit. Does this sound right? I'v had a look at some f the 'official' sites and to be honest I find it very hard to understand. I would really love someone to explain in very simple words just how these change my life.

[nomoreheels in reply to Jeanabelle60]

Do you have CAB in NI Jean? Or Welfare Rights? You mention Community Rights but not sure if that's the same or not. As I understand it's this Government saying whoever is in power next (assuming this rabble doesn't happen again) doesn't have to abide by the previous lots rulings, put very basically. I may be wrong but that's how I read it, that they don't have to inherit the previous Government's decisions & can change the goalposts should they choose to, if that makes sense? So if that is right that would take us to May next year, so if you're 64 now, as long as they don't change the upper age limit, you should be fine but it would be worth checking for peace of mind. x

[Jeanabelle60 in reply to nomoreheels]

Heels, I think your right. As far as I know there is a CAB here in Derry and I think I will make an appointment. If it is just to put my mind at ease.....no one needs this sort of thing hanging over them, its cruel isn't it. i live alone and depend on my joloppy to get me about.....can't imagine my life without it. Thanks. X

[nomoreheels in reply to Jeanabelle60]

Grossly unfair, I agree, particularly people in your situation & it can make all the difference having a car too. I really missed my bit of independence before we changed to an automatic but we certainly had to pay for that convenience. It does seem that the new applications are faring better now, but that doesn't help you & your concerns does it? As I say that's my take on it but I'm sure if anyone knows or interprets it differently they'll put us right.

[Hidden]

its so upsetting having to go through all the stress and uncertainty ,I have rd and a heart condition plus other problems got turned down and after them taking seven months to look again at my claim ,I now have to go through the court of appeal ,and have no idea how long that will take ,if any one as been through this ,could they tell me what happens next. hope you get thing sorted and you are not in too much pain.

[cathie]

I think both NRAS and CAB can give you advice on these applications. Also other people have gone through this horrible experience. Good luck, C

[Hidden]

As Cathie says, your local CAB may well be able to help, they are often very good at this stuff. Try not to worry, easier said than done but don't let 'em win by grinding you down.

[Hidden]

I've been told I will be re-asses in 2015. I'mabsolutely dreading it but can see why it's necessary. I don't agree with the change in the qualifying distance for walking that the Tories have changed. Appalling!

They are doing it deliberately to get people off benefits. The rich politicians don't have to worry about finding money for accessible cars and equipment to aid independence like us so they don't care whether we keep our DLA or not. They are destroying our beloved NHS too, I've read there are many MP's who have investment in private healthcare so don't want our NHS to succeed. Our healthcare system is the envy of the world and it's getting slowly private by the day