How the benefits clampdown is undermining the GP’s role

GPs warn the system for assessing whether people are too sick to work is becoming increasingly stringent, leaving severely unwell patients without benefits. Hiba Mahamadi investigates.

‘I’ve got patients with Parkinson’s disease who can’t speak and rely on carers for feeding being told they’re fit for work.’

Birmingham GP Dr MayJay Ali is not alone. More than half of the 645 GPs responding to a Pulse survey last year said their patients had been refused welfare benefits despite their GP’s opinion that they were unable to work. In other words, GPs’ expert opinions about their patients’ health are being ignored.

Official statistics back them up. Pulse’s analysis of figures from the Department for Work and Pensions reveals 68% of employment support allowance (ESA) claimants assessed as ‘fit for work’ at their initial assessment later successfully had the decision overturned. To put this into context, in 2010, only 36% of decisions were overturned.

GPs warn a small but key change this year is the latest in a series of moves by the DWP that serve to undermine GPs’ role as advocates for their patients – and as experts on their health.

Under the system, people off work long term undergo a DWP-run ‘workplace capability assessment’ to determine their eligibility for ESA. If this deems a person ‘fit for work’, the GP is informed by letter.

This year, this letter was changed to inform GPs that, as the DWP has declared the patient fit for work, the GP ‘does not need to provide any more fit notes’.

Detrimental impact on patients

GPs strongly criticised the change, pointing out that they are the medical experts and their view on a patient’s fitness for work has more validity than that of a non-medically trained assessor. They said the move undermined their role.

It also affects the GP-patient relationship. As then RCGP chair Professor Helen Stokes-Lampard put it at the time: ‘GPs are not benefits assessors and must never be used as barriers for patients to receive benefits when they are entitled to them, as ultimately, this can have a detrimental impact on their health.’

Following the criticism, the DWP made amendments. But even the revised letter says: ‘We no longer need [fit notes] for your patient as they are fit for work.’ The concession, in small print, says GPs can offer fit notes if the patient ‘asks you for evidence for a reconsideration or appeal’.

Dr Ali says ministers are taking an increasingly heavy-handed approach to financial support for sick people: ‘I’ve noticed the [Government’s] assessments don’t seem as fair as they used to be. A lot of my patients whom I would expect to be eligible for benefits are told they’re fit for work.’

And the latest DWP figures show one in three of the 250,000 initial ESA work assessments between April 2018 and March 2019 resulted in claimants being deemed fit to work and refused benefits.

Croydon GP Dr Adnan Siddiqui says: ‘The Government is using assessments as though there is some sort of objective way to assess these things. I usually tell patients the whole set-up is geared to be superficial, to make them fail. But I say, if you persevere, you will most likely win.’

While some patients’ claims may not be genuine, the large proportion of successful appeals indicates a problem with initial DWP assessments. Of almost 2,000 appeals by patients with mental health and behavioural disorders, 72% saw the DWP decision overturned, while 68% of some 1,700 patients with musculoskeletal conditions also appealed successfully.

But often damage has already been done. GPs say appeals can take anywhere from a few weeks to 12 months, bringing anxiety and financial distress for patients. Those suffering from mental health conditions often experience a worsening of symptoms.

Dr Siddiqui says the DWP wrote to him about three patients, telling him they were suicidal after the assessment. This came as no surprise, he said, given that one patient compared the assessment centre to a ‘police interrogation cell’.

All this means extra work for GPs. Dr Ali says: ‘I have to write to the DWP to ask why my patients’ benefits are being stopped and explain why I think they need them. That’s not really my role.’

The DWP assessments also mean GPs come under pressure from patients. Matthew Johnson, a lecturer in politics at Lancaster University spoke to 11 GPs in 2017 about this issue as part of research on deprivation in North East England.

He says: ‘There is evidence to suggest GPs with concern for the wellbeing of their patients often feel a duty to support them as they navigate the benefits system.

‘This can lead to practices in which GPs prescribe medication recognised by assessors as an indicator of serious pain or ill health. This is apparent in the use of opioid painkillers, which ought to be of serious concern and would be avoided were the benefits system different’.

The DWP argues its assessments are carried out by health professionals given specific training in assessing people with a range of mental and physical health conditions. It says it works closely with its contractor to ensure assessments are of the ‘highest possible standard’.

http://www.pulsetoday.co.uk/views/analysis/how-the-benefits-clampdown-is-undermining-the-gps-role/20039773.article

Blue badge permits: Councils ‘must provide enough spaces’

Councils must make sure there are enough disabled parking spaces to cope with the extra demand a blue badge scheme expansion will bring, the charity Scope has said.

As of Friday, people with hidden disabilities in England are now also eligible to apply for blue badges.

Scope welcomed the move but said if spaces are scarce, the badges “are not worth the paper they’re printed on”.

The Local Government Association said councils regularly review parking.

Currently, about 2.35 million people with physical disabilities in England have a blue badge.

Blue badge holders are allowed to park in spaces which might be restricted to other drivers, for example parking on yellow lines for up to three hours, for free in pay and display bays, or in spaces designated “disabled”.

Under Friday’s change – which is the biggest shake-up of the blue badge scheme since it was introduced nearly 50 years ago – people with hidden disabilities, such as dementia, autism or anxiety disorders will also be eligible to apply for the permits.

However, not everyone with hidden disabilities will quality for a badge, as it will still be up to local councils to decide if an applicant meets the eligibility criteria.

The change has been widely welcomed by charities, including the head of the National Autistic Society, who called it a “huge relief”.

“A blue badge can be life changing,” said Tim Nicholls, from the charity, who said many autistic people are often so anxious they may find it hard to leave the house.

Ceri Smith, policy and campaigns manager at Scope, also welcomed the move, saying: “Today’s change should make a real difference for many disabled people with invisible impairments and conditions who have been shut out of the blue badge scheme to date.”

However she added: “But in order for it to work, it’s vital that councils issue blue badges to people who are newly eligible to apply.

“More also needs to be done by councils to ensure that there are enough allocated blue badge spaces near shops and amenities to meet increasing demand.”

Earlier this week, Scope responded to figures from company Confused.com claiming many UK councils in charge of parking provisions have not planned to extend their number of blue badge spaces.

Ms Smith said: “With spaces already scarce, it’s extremely worrying that so few councils have prepared for the expansion of the blue badge scheme, despite knowing it was coming for months.

Charity Disabled Motoring UK, which campaigns for disabled drivers and blue badge holders, warned the increase in demand “may undermine the entire scheme and render it not fit for purpose”.

“The end result may mean it will let down the people it was originally intended to help as well as disabled people with hidden disabilities,” it said in a statement.

“The charity predicts that when the number of blue badge holders increases from August 2019, we will be contacted more and more by disabled people who find their blue badge completely meaningless as they will be unable to find adequate parking because it will be so oversubscribed.

“We implore all local authorities and private parking operators to take this change seriously, review their disabled parking provision and stress the importance that they all enforce disabled parking properly so that disabled bays are kept free only for genuine blue badge holders.”

‘Not just councils’
Last year, 859,000 blue badge permits were issued in England, a decrease of 3.2% compared to the year before.

Earlier this year, Essex County Councillor John Spence said the new rules could lead to a 20% increase in the number of applications in Essex – putting further pressure on stretched disabled parking provision.

The Department of Transport, launching the expansion of the scheme on Friday, said councils will get £1.7m in the first year of the programme, to help with the expected spike in applications.

But it added that councils may need to review parking provision to increase the number of spaces available.

In a statement, the Local Government Association – which represents councils in England and Wales – said the availability of spaces for blue badge holders was not just down to councils as there was also “significant private provision of parking”.

“Councils know that blue badges are a vital lifeline for disabled people which help them get out and about to visit shops or family and friends and many have already been approving badges for people with non-physical disabilities,” the LGA said in a statement.

“Councils regularly review parking provision in their areas, including both public and private, in order to help meet the needs of the public, including those with blue badges.

“Overall provision will depend on private operators, council resources as well as competing demand for road space and public land.”

https://www.bbc.co.uk/news/uk-49521867

Work until 75? Many people won’t even live that long

Iain Duncan Smith’s plan to push the pensions burden from the state on to the individual ignores class differences in life expectancy

by Frances Ryan

An influential conservative thinktank – fronted by the former work and pensions secretary, Iain Duncan Smith – has proposed the state pension age should rise to 75 over the next 16 years. If the Centre for Social Justice (CSJ) had its way, the retirement age would go up to 70 just nine years from now, as the change is phased in.

It’s important to stress that it’s not yet government policy, but given the CSJ’s influence, it’s not unreasonable to imagine a future with dramatically delayed retirement. It’s a demographic reality that the state is having to meet higher pension costs: the pensions bill rose from £17bn in 1989 to £92bn today, and will cost £20bn more by 2023 as the population ages. The government already plans to increase the pension age to 67 in 2028 and then 68 by 2046, leaving us working well into our twilight years. At the same time, nearly 4 million women have already been forced to wait up to an extra six years to get their pensions after changes to bring women’s retirement age into line with men’s.

The CSJ’s idea of raising the pension age further received glowing coverage in sections of the rightwing press, with the Telegraph marvelling how it would “boost the economy” by £182bn and stave off the “escalating cost” of state pensions. As Duncan Smith tweeted this week: “Removing barriers for older people to working longer has the potential to improve health and wellbeing, increase retirement savings and ensure the full functioning of public services for all.” It’s a dystopian vision of life, in which capitalism tells workers who have already grafted for 40 years that working a five-day week through their 70s is in fact the path to a healthy body and society.

The “work pays” mantra endorsed by Duncan Smith for pensioners has already been adopted by the Department for Work and Pensions in relation to disabled people, where pushing the sick off out of work benefits and into the labour market has long been framed as a blessing.

Such policy is obtusely class blind. How long we live – and therefore how much time we have to enjoy retirement – varies across region and economic bracket. In Glasgow, boys born between 2015 and 2017 have a life expectancy of just 73.3 years – meaning under this plan, many would never reach pensionable age. Whether it’s even physically possible to do our job in old age varies along class lines; it’s a considerably different experience to be a labourer at 75 than a lecturer. Health inequality is also a stark factor; a woman living in the most deprived 10% of England, for example, has a life expectancy of 78.7 years, but only 52 of those years are in good health. Any rise in the pensionable age would force the poorest to work through years of illness and disability, while only the wealthy have the luxury to retire in good health.

The pressing issue is not that pensions are too generous – but that they are increasingly hard to get, and far too small. British basic pensions are uniquely low – 16% of average earnings – compared with those of other developed nations, and require a long contribution period (often penalising women who take time off for caring responsibilities). The existing system leaves many older people struggling to get by; research this week shows the proportion of elderly people living in severe poverty in the UK is five times what it was in 1986, the largest increase among western European countries.

The safety net of the state pension is even more crucial in an era in which private pensions are increasingly out of reach. The rise in gig-economy working, as well as a squeeze on wages, means workplace pensions are unaffordable or nonexistent for many. It means three-quarters of the UK’s elderly will rely entirely on their state payments by 2036. So in the coming years, it’s going to be increasingly important to defend the principle of the state pension: that welfare is not a waste or a drain, but a civilised safety net that exists for the good of society, which we are all entitled to. Similarly, we must challenge the worldview in which our only value is as workers; as if time with our grandchildren is less meaningful than more contribution to the GDP.

There needs to be a genuine conversation about how to fund an ageing population, from pensions to social care, but any agenda to push the burden away from the state and further on to the individual is a dangerous one. Working lives should be shorter, and the reward for a life of effort bigger. “Work till you drop” is no way to live.

Frances Ryan is a Guardian columnist and author of Crippled: Austerity and the Demonisation of Disabled People

https://www.theguardian.com/commentisfree/2019/aug/22/work-75-iain-duncan-smith-pensions-life-expectancy

 

Boycott Workfare Universal Credit Welfare Rights Advice

Boycott Workfare is the only independent campaign to successfully oppose all forms of ”conditionality” aka sanctions and workfare, no ifs, buts, political strings attached or punches pulled.  We are now stepping up to take on Universal Credit. The Conditionality of Universal Credit aka sanctions and workfare have received little attention in reports by campaigns, charities, mainstream media and alternative media outlets. Among other things, we will be exposing the realities of Universal Credit and those profiting from it, and challenging the current narrative of the Westminster Village political class. It’s time to reshape the discussion on Universal Credit to make a difference from the perspective of ordinary working class people living in the real world – not out-of-touch politicians, journalists, so-called industry professionals or policy wonks.

As of today, we are launching a new practical anti-conditionality resistance campaign focused on Universal Credit – the biggest change to social security for over 60 years – and as a starting point, we are now offering free welfare rights Universal Credit-related advice to claimants. Anyone needing help with Universal Credit is invited to contact us via email info@boycottworkfare.org.  We will also offer face-to-face Universal Credit advice for claimants (currently only available in central London). These advice sessions are by appointment only, please email us to book one, along with brief details of the help you need in advance. The first of these sessions will be held on Saturday the 10th November from 14:00 -17:00, kindly hosted at MayDay Rooms, 88 Fleet St, London EC4Y 1DH.

The areas we can help claimants with include:

How to avoid claiming UC in Full Service areas if already receiving any so-called ‘legacy benefits’ (JSA, ESA, Housing Benefit, Child Tax Credit, working Tax Credit) or on becoming unemployed

The possibility of returning to ‘legacy benefits’ in ‘Gateway/Live UC Service’ areas and when to withdraw a claim for UC in Live Service areas to avoid losing money for part of a monthly ‘assessment period’ – though please note these options are now much more difficult due to the rapid roll-out of Full Service UC.

Complaining if you’ve lost income after being wrongly advised to transfer to UC

Re-claiming Council Tax Reduction when transferring to UC

Making sure a 2-week Housing Benefit ‘run-on’ has been received along with a housing element in the first assessment period after transferring to UC

Changing ‘claimant commitments’ and moving to different UC conditionality groups

Understanding work search and work availability conditions in the ‘all work related requirements group’

Varying the general 35-hour a week work search and availability rule

Limiting or suspending work search and work availability requirements for claimants otherwise subject to ‘all work related’ conditions

Checking whether sanctions (reduced entitlements for alleged failures to comply) have been applied to UC claims and effectively challenging sanctions

Dealing with the conditionality regimes imposed by private and voluntary sector contractors on behalf of the DWP

Challenging Workfare-related sanctions

Appealing fines and penalties imposed under UC

Making ‘Mandatory Reconsiderations’ about UC decisions

Appealing to First Tier tribunals about UC decisions

Asking for compensation via the complaints systems

Dealing with practical problems in claiming UC, payment delays and claim closures

Claiming UC Advances and appealing recovery rate decisions

Overcoming some of the UC barriers set up for EEA migrants concerning ‘right to reside’ rules

Overcoming some of the problems for sick and disabled claimants on UC

How to be assessed as having limited capability for work under UC – even if working

Checking errors in UC monthly calculations

Complaining about DWP and 3rd party deductions from UC for overpayments/debts

Alternative Payment Arrangements’ (APA’s)

Understanding the ‘conditionality earnings threshold’ of the employed and the ‘minimum income floor’ of the self-employed claiming UC

Understanding how the timing of changes (e.g. to rent) and an earnings cycle (e.g. weekly) affect UC payments

Possible ways of claiming UC while studying

Possible ways of claiming UC if under 18

Overcoming housing element UC restrictions for single renters under 22

Applying for Discretionary Housing Payments

Applying for Discretionary Council Tax Hardship payments

If your problem isn’t in the list above, still get in touch and we’ll see if we can help but please remember, we are currently only able to offer welfare rights advice about Universal Credit, Sanctions and Workfare.

Unlike state-funded welfare advice organisations like the Citizen’s Advice Bureau (CAB) with their ‘gagging clause’ restrictions, we will not hold back in our criticisms and demands for change while helping claimants. Much of the current focus of ‘UC support’ for claimants provided by charities and local authorities is on enforcing ”compliance”. Indeed, the DWP is paying CAB to concentrate on the IT skills needed to manage claims and on ‘budgeting skills’ – whilst the very same claimants are being plunged further into poverty via UC and ”conditionality”. CAB as an organisation has been paid off by the government to become a Universal Credit enforcer. Fail to attend a budgeting skills appointment with CAB? Then expect to be sanctioned as CAB will be contractually obliged to report it.

The only way to fight Universal Credit is to ensure that claimant’s know their rights and to actively challenge the narrative of punishment via conditionality. This is where you can come in to help. We plan to expand this part of our campaign and want you to get involved. We would love to hear from anyone and everyone interested in opposing conditionality and in working with claimants to help secure welfare rights. We’re especially keen on hearing from people with direct personal experience of the social security system. Why? We are claimants just like you, and the only way to win and get the welfare state you want is by coming together with like-minded people to actively expose and challenge the inadequacies of system we have. Work with us to help bring down Universal Credit.

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Boycott Workfare Universal Credit Welfare Rights Advice

Has welfare become unfair – a new report by the Disability Benefit Consortium

Today’s report by the Disability Benefits Consortium (DBC), ‘‘Has welfare become unfair – the impact of changes on disabled people” looks at the financial impact and lived experiences of welfare reform on disabled people.

Changes to the welfare system over the past ten years have left disabled adults four times worse off financially than non-disabled adults, according to new research commissioned by the Disability Benefit Consortium.

While many people who receive welfare support have experienced cuts of an average of £300 as a result of changes to the welfare system, disabled people have typically lost around £1,200 per year.

The research funded by the Three Guineas Trust and conducted by the University of East Anglia, the University of Glasgow and Landman Economics is the first comprehensive study looking specifically at the cumulative impact of welfare changes on disabled people. The research also found:

The more disabilities you have the more you lose out, for example someone who has six or more disabilities loses over £2,100 each year on average, whereas someone with one disability loses around £700 each year
Households with one disabled adult and one disabled child lose out the most, with average losses of over £4,300 per year
As part of the research, 50 people living with a variety of conditions and disabilities were interviewed about their experiences. People said that they found the application and assessment processes highly stressful, and that they did not feel trusted, and constantly challenged.

The report also states that the current system has become so complex and dysfunctional, that many disabled people have found it has had a devastating impact on their wider health and wellbeing.

You can find the full report here.

‘Misleading’ DWP letter causing ill and disabled people to lose benefits

Advice removed for GPs to provide notes for patients challenging fit-for-work tests

Chronically ill and disabled people are being left for months without benefits because officials are sending “misleading” letters to their GPs saying they no longer need to supply medical evidence on behalf of patients who are declared fit for work.

Campaigners and MPs have called for the Department for Work and Pensions (DWP) form letter to be scrapped after it emerged claimants appealing against a fit-for-work decision were left near-destitute after their GPs refused to provide “fit notes” because they were advised they did not need to.

Claimants who challenge work capability assessment (WCA) decisions are entitled to continue to receive employment and support allowance (ESA) worth £73.10 a week while they await their appeal hearing, but to do so they must obtain fit notes from their GPs to prove they are too ill to work.

It has emerged that ministers ordered changes to the standard-issue letter to remove references that made it clear to GPs they may have to issue a medical statement if their patient wished to appeal against a WCA decision. The DWP claims this was not intended to dissuade GPs from issuing fit notes.

Raji Hunjan, the chief executive of the advice charity Z2K, said the effect of the revised letter could be devastating. “We have seen how our clients, who are seriously ill, suddenly have zero income, become reliant on food bank vouchers and loans, and face a very real threat of homelessness.”

Z2K said one of its clients, called “Louis”, was refused a fit note by his GP while appealing against a WCA decision. He ran up rent arrears and became reliant on food banks before he was eventually able to switch GPs and get the medical statement he needed to claim benefits. After an eight-month wait, he won his appeal.

Prof Helen Stokes-Lampard, the chair of the Royal College of GPs (RCGP), said the lack of clarity over when GPs should issue fit notes could put patients’ finances and health at risk. “No GP wants that, and it only serves to threaten the long-standing trust that patients have in their family doctor.”

The WCA is hugely controversial because of widespread concern over its accuracy and reliability. Nationally, 72% of claimants who appeal against their WCA decision are successful. Z2K said nine out of every 10 WCA cases it takes to appeal are successful.

Last month, there was national outrage over the case of Stephen Smith, 64, who was deemed fit for work despite suffering from multiple debilitating illnesses, having his weight plummet to 38kg (6 stone) and being barely able to walk. Smith won his appeal after waiting 12 months for a hearing.

The standard letter, called an ESA65B, is sent automatically to the GPs of all claimants who fail a WCA and are declared fit enough to work. Until 2017 the letter advised GPs that if their patient appealed against the WCA decision they must continue to provide fit notes.

However, on ministers’ orders, the letter now states that GPs “do not need to provide any more fit notes for ESA purposes”. It does not mention the possibility that the patient may appeal, or that a fit note is needed for the patient to obtain ESA payments until the appeal is heard.

Frank Field, the chair of the work and pensions select committee, raised the issue with the then disability minister Sarah Newton in January. Newton replied that the wording was amended “to make the letter simpler and clearer”, adding that DWP communications were intended to be “clear, understandable and fit for purpose”.

Field replied scathingly that the wording was “not having the desired effect”, and urged her to revise it to make clear ESA claimants on appeal were entitled to fit notes. “This simple step could greatly ease the stress and worry that people who are awaiting an appeal experience.”

A DWP spokesperson said: “These letters simply inform GPs when a claimant has been found fit for work and are not intended to dissuade them from issuing fit notes for ESA appeal purposes, to claim otherwise is inaccurate.”

However, they hinted the letter may be changed: “We are committed to ensuring our communication is clear, which is why the wording of this letter was cleared by both the British Medical Association and the RCGP. However, we will of course consider feedback when revising the letter.”

It is unclear on what basis the RCGP agreed to the new wording as the change was agreed at a DWP stakeholder meeting for which, according to the Field-Newton correspondence, there appear to be no formal minutes.

https://www.theguardian.com/society/2019/mar/18/misleading-dwp-letter-causing-ill-and-disabled-people-to-lose-benefits

 

Blue Badge (disabled parking) scheme eligibility consultation

Blue Badge (disabled parking) scheme eligibility consultation: summary of responses and outcome

Outcome to the Department for Transport’s consultation on proposals to extend Blue Badge eligibility to people with non-physical conditions.

PART 2 – EXECUTIVE SUMMARY

7. The Department was delighted to receive over 6300 responses to the
consultation and for the time that individuals and organisations took to provide
considered responses.
8. The Blue Badge scheme plays a vital role in allowing 2.4 million disabled
people in England to maintain their independence through special national
parking concessions. Blue Badges enable their holders to visit their families
and friends, and to access jobs, healthcare and leisure activities.
9. Although the Department considers that people with non-physical disabilities
are not excluded from receiving a Blue Badge, a problem arises from the
wording in the regulations providing eligibility for: “a permanent and
substantial disability which causes inability to walk or very considerable
difficulty in walking”. This does not specify whether the disability is physical or
non-physical – and can therefore be either. However there is confusion
around whether this only means physical difficulty in putting one foot in front
of the other or can include difficulties or challenges when walking, including
safety risks, which may arise from non-physical disabilities.
10. The Government wants to ensure that the rules and guidance are clear. It
wants to give parity of esteem to mental and physical health conditions. It
wants a scheme that is sustainable and works for all who are eligible for it,
whatever their disability. It wants it to be fair, consistent, inclusive and nondiscriminatory.
11. We are delighted that 89% of respondents are, in principle, in favour of our
proposals to amend the eligibility criteria. This support applies to all groups –
local authorities 71%, groups representing disabled people 84%, other
organisations 87% and individuals 89%. The main points raised were more to
do with implementation and consequential impacts. There was a call for
clarification of certain terms and the provision of clear guidance so that local
authorities can administer the scheme consistently. There were also concerns
about administration costs for local authorities, the impact on parking, and
abuse of badges.
12. Based on responses to the consultation, the Department continues to believe
that including people who have very considerable difficulty “when walking” as
opposed to just “walking” as now, will make it clear that people can qualify not
just because of a physical difficulty in walking but for non-physical reason

14. There is one area where the consultation has persuaded the Department to
change its proposals. We had proposed specifically including people who
‘cannot follow the route of a journey without another person’. However, it has
been made clear that this would mean including some people who need
another person with them, but can otherwise physically walk well and also
without psychological distress or challenging behaviours. The Department
believes that where people suffer very considerable psychological distress or
other difficulty when walking, or have a risk of very considerable harm to their
health or safety (including people with dementia), they should be eligible for a
badge. However, where the applicant would not go out alone and the
presence of another person negates the above mentioned issues, then we do
not believe badges should be issued. Needing another person on every
journey does not necessarily equate to needing to park nearby.

15. The primary aim of the scheme is to give disabled people who rely on car
travel but face particular challenges in getting from the car to their
destination, the ability to park close-by. The Department believes the badge
should directly benefit the individual; to ensure the sustainability of the
scheme we do not believe badges should be awarded in situations where the
carer is effectively the beneficiary.

16. For the same reason the Department intends to provide an automatic link to a
badge for people who score 10 points under the ‘Planning and following
journeys” activity of Personal Independence Payment (PIP) because cannot
undertake any journey without overwhelming psychological distress to the
claimant. We had proposed to link to 12 points under this activity, for people
who cannot follow the route of a familiar journey without another person, but
this would include people who do not have very considerable difficulty when
with another person and do not need to park close to where they are going. It
would not be sensible to award an automatic badge in this scenario.

This PIP criterion is not about needing to park a vehicle near to one’s destination. The
Department recognises that some people with significant challenges who
receive different levels of PIP may not have an automatic route to a badge.
This is because PIP and Blue Badge are different schemes that are not
completely compatible. However under our proposed new and expanded
eligibility criteria we are confident that people who experience very
considerable difficulties because of non-physical disabilities will now have a
clear route to a badge following assessment by their local authority.
17. Since 2012, the Government has required that where eligibility against the
walking criterion is not self-evident and an expert opinion is needed to help
determine eligibility, the local authority must use an Independent Mobility
Assessor who is independent of the applicant.
18. Following consultation, the Department continues to believe this role should
be widened. An independent mobility assessor may not be suitable for
certifying whether or not a person’s mental or cognitive disability has the
impacts that would meet the eligibility criteria. In the first place, the assessor
would not be assessing the physical ability to walk. So we believe the
assessor should become an eligibility assessor rather than a mobility
assessor. Furthermore, whereas a person with a physical disability may be
adequately assessed without the assessor having prior knowledge of their
disability, this may not be the case for a person with a non-physical disability.
Often such an assessment would require knowledge of the person’s
functional limitations when outdoors. We are therefore proposing to remove
the requirement for independence, but that does not mean a local authority
should not use an independent eligibility assessor where deemed
appropriate. This will allow the local authority to use a range of suitably
qualified healthcare professionals with specific expertise. The assessor role
does not have to be performed by a specific person – the authority will have
the flexibility to choose who they recognise as being suitable to provide an
expert opinion and it may vary from case to case, so long as the assessor
has relevant qualifications and experience to assess whether or not the
applicant has an enduring and substantial disability within the meaning set
out in the regulations. Respondents called for guidance as to who could fulfil
the assessor role and what qualifications they should have.
19. Respondents also called for clarity on a number of terms used across our
proposals, including “walk”, “journey” and “enduring” amongst others. The
Department will seek to define what these mean in guidance.

Blue Badge consultation: summary of responses and government response