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Thank you very much indeed for all your prompt attention to me and all that you have donne to finalise my claim. I would like to say how happy I am with the result, and my physiotherapy begins next week.

Ms T. Rise

News

Welfare Reform Act: Changes to benefits: an Overview

The Welfare Reform Act, which received Royal Assent on the 8th March, will make changes to the current benefit system. Here we will look at the changes it will make to benefits received by those who are injured.

(a) Personal Independence Payment or PIP 

This will replace the current Disability Living Allowance (DLA) but will not come into effect until April 2013. It will apply to those of working age (16 - 64). A reassessment of those currently receiving DLA will take place between 2013/2016 to assess entitlement for this benefit. There will be ongoing face to face initial assessments and periodical reviews.  PIP will have two components which will both have standard and enhanced rates within:

(i) Daily living component: If the person's ability to carry out daily living activities is limited (or severely limited: enhanced rate) by the person's physical or mental condition.

(ii) Mobility component: If the person's ability to carry out mobility activities is limited (or severely limited: enhanced rate) by the person's physical or mental condition. 

The period condition will require the claimant's conditions to be satisfied 6 months prior to claim and likely to continue 6 months after claiming. Individuals with a terminal illness will automatically receive the daily living component enhanced rate and will not have to satisfy the period condition for the mobility component.

PIP will not be available to people in care homes, hospitals or prisons, or those over the age of 65.     


(b) Universal credit 

This is the biggest change to the current benefits system. Universal Credit will replace the current means tested benefits of:

-         Income based jobseekers allowance (JSA)

-         Income related employment and support allowance (ESA)

-         Income support (IS)

-         Housing benefit (HB)

-         Child tax credit (CTC)

-         Working tax credit (WTC)

In order to be eligible for Universal Credit the claimant will have to meet certain responsibilities recorded in a claimant commitment containing work related requirements of: work focused interviews, work preparation, work search and work availability. The level of compliance with these responsibilities will depend on the claimant's particular circumstances.

Whilst the changes to the benefit system are being introduced the Government will engage in a number of consultations to find out the views of disabled individuals and those that support them. It will also be seeking views from charities who will post consultations that are taking place on their web pages. Headway is one of these.

To view the other changes relating to working age benefits, other benefits, general social security see the DWP website.



Ruth Johnson
Solicitor - Personal Injury team



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