The government has published its response to the consultation on DLA reform. We have provided you with an update on key information from the consultation response.
Personal Independence Payment
The new Personal Independence Payment will remain a non-means-tested, non-taxable cash benefit that people can spend as they choose, paid to people whether they are in or out of work.
The government states that it aims to create a benefit that is fair, simpler to administer, easier to understand and supports people with disabilities who face the greatest challenges to remain independent and lead full, active lives.
The Personal Independence Payment will remain as a passport to entitlement to other sources of help and support. At this stage it is not clear what sources are available.
There will be two components of Personal Independence Payment:
- a daily living component (currently the care component) and
- a mobility component, each with a standard and enhanced rate.
This removes the middle rate care component that currently exists.
Under the new scheme there will be no automatic entitlement for certain conditions. Every individual will be assessed.
Qualifying period of Personal Independence Payment
The Qualifying Period will be extended to six months (from the current three months) to bring the definition of a long-term disability in line with the Equality Act 2010 and align the benefit more closely to the qualifying rules for Attendance Allowance.
Assessment for Personal Independence Payment
The assessment for Personal Independence Payment is yet to be designed and is probably one of the most concerning aspects. Until this is fully explained it is difficult to comment further.
The government states, “It [the Personal Independence Payment] is being designed to enable support to be targeted at individuals who require the most assistance to live full, active and independent lives. It is intended to be a simpler, fairer, more objective and more transparent assessment of individual need.”
Whether the projected results will reach the individual has yet to be proven. In other areas, assessment for benefits, such as the new Work Capability Assessments, do not appear to be proving as successful for some individuals.We will keep you updated as further information is released.
Award length of Personal Independence Payment
The other major change is that, other than in exceptional circumstances, awards will be for a fixed period. The government is stating that it “will take a personalised approach to award lengths, based on the individual’s needs and the likelihood of their health condition or impairment changing.” However, the government is clear that it wishes to reduce the number of indefinite awards.
How Personal Independence Payments affects under 16s
Lastly, but importantly, the response contains a clear statement that under 16s will not be immediately affected by the change. “We do not plan to extend Personal Independence Payment to new or existing claims for children from 2013/14. The needs of children are very different to those of adults and we would want to build on our experience of developing the objective assessment for claimants of working age before applying it to children. We would also consult before extending any objective assessment to children.”
Government response to DLA Mobility
The government has listened to the huge concerns raised and at present have released the following statement as a response about mobility payments for people living in residential care.
“The Government has listened to the strong concerns raised by individuals and organisations about the Spending Review proposal to withdraw the DLA mobility component from people in residential care. The Government will not now introduce this measure as planned in October 2012. We are both reviewing existing and gathering further evidence to inform how best to proceed. Meeting the mobility needs of people in residential care will now be considered as part of the wider reform of DLA. The Government is committed to ensuring that residents of care homes are able to get out and about, and is therefore looking to remove overlaps in funding, not mobility.”
Further information
The full consultation response issued by the government can be viewed here. To find out how these decisions might affect you or a family member please contact our Family Support Team on 0131 313 4225 for more information.
There are other significant welfare benefit changes at present and we aim to update you on other in our upcoming e-bulletins. To subscribe to our monthly e-bulletins click here.
