PIP & UC Update

January 18th, 2022 by Administrator

Pip and UC important caselaw for terminal illness 2020] NIQB (N Ireland) as a Judicial Review case it is most likely to impact rules on if terminal illness awards ie proof you will be dead in 6 months. This has now been said to contravene art 8 human rights act – right to family live and peaceful enjoyment of your home/belongings (includes money)  meaning in your dying days.
It won’t change rules yet as still ongoing but likely to in coming year.

High Court holds that special rules for terminal illness, in case where claimant cannot demonstrate their death can be reasonably expected within six months, are ‘discriminatory and ‘manifestly without reasonable foundation’

Upon careful scrutiny of all the evidence, I can find no evidence, justification or rationale to explain why the applicant was not deemed to be entitled to the enhanced rate of PIP for activities of daily living and the standard rate of mobility from the date when her terminal diagnosis was confirmed. This difference in treatment is manifestly without reasonable justification and is, therefore, in breach of Article 14 ECHR in conjunction with Article 8 and Article 1 of Protocol 1.’ (paragraph 104)

‘Again, upon careful scrutiny of all the evidence, I can find no evidence, justification or rationale to explain why the applicant was not deemed to be entitled to the LCWRA component of universal credit from the date on which she made her claim for universal credit. This difference in treatment is manifestly without reasonable justification and is, therefore, in breach of Article 14 ECHR in conjunction with Article 8 and Article 1 of Protocol 1.’ (paragraph 106)