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DLA reform and Personal Independence Payment – completing the detailed design

Posted by soiniciulacht on March 27, 2012
Posted in: benefits, equality, Factual, Legislation, Uncategorized, welfare reform. Tagged: Benefits, consultation, DWP, legislation, welfare reform, welfare reform bill.

DLA reform and Personal Independence Payment – completing the detailed design
Public consultation on specific detailed proposals in relation to Personal Independence Payment, Disability Living Allowance, Carer’s Allowance and Attendance Allowance that will further inform the development of secondary legislation.
March 2012

THIS IS AN EDITED SELECTION FROM THE FULL DOCUMENT WHICH CAN BE FOUND HERE

2. Introduction

2.1 The Government is committed to supporting disabled people to exercise choice and control and lead independent lives, and recognises that disabled people face extra costs in doing so. Disability Living Allowance (DLA) is being reformed to create a new benefit called Personal Independence Payment which will ensure that support towards meeting such extra costs is focussed on those individuals who experience the greatest barriers to living full, active and independent lives.
2.2 The high-level legislative framework underpinning Personal Independence Payment is set out in the Welfare Reform Act 2012 (‘the Act’). The Government’s intention is that the detailed requirements for the new benefit will be set out in secondary legislation, and is committed to continuing to involve disabled people and disability organisations in the development of the detailed design.
2.3 This consultation sets out the Government’s proposals on the detailed rules that will underpin eligibility and payment of the new benefit. We are also consulting on some of the proposals on assessment of existing DLA claims and changes to DLA, Attendance Allowance and Carers Allowance. We will also provide information about the use of Personal Independence Payment as a passport to other benefits and schemes.
2.4 Responses from this consultation will inform the development of secondary legislation that will underpin the new benefit. The consultation period will run from 26 March to 30 June 2012. We will publish the Government’s response to this consultation later this year.

3. Eligibility

3.2
Individuals must have a long-term disability or health condition in order to be eligible for the benefit. The Act includes provision for this in the form of a 12 month required period condition, consisting of a three-month qualifying period and nine-month prospective test. This section sets out the proposed approach in relation to individuals re-claiming the benefit under linking rules and how the required period condition may be modified in certain circumstances.
3.3
The intention is that individuals will also have to satisfy certain rules on residence and presence, and conditions will apply to temporary absences abroad.
A benefit relating to long-term disability – the required period condition
3.4
In order to qualify for Personal Independence Payment an individual must have met the entitlement conditions for a past period (we call this the qualifying period) and be expected to meet the entitlement conditions for a future period (the prospective test) – this is known as the required period condition. In the DLA reform consultation5 the Government set out its proposals to restructure the existing qualifying period and prospective tests for Personal Independence Payment so that the overall period covered by the tests more closely align with the general definition of long-term disability used within guidance for the Equality Act 20106. Under those proposals the qualifying period and prospective test would each have been set at six months, making for an overall required period condition of 12 months.
3.5
Since then we have continued to work with disabled people and their representative organisations, and have listened to the views of Parliamentarians on this and other issues as the Act passed through Parliament. We are grateful for the views expressed. During discussions, the consensus has been that an overall required period condition of 12 months is appropriate, but there should be some rebalancing of the qualifying period and the prospective test to ensure it works effectively. Our view is that a three-month qualifying period and a nine-month prospective test offers the fairest solution, both to claimants and to the sound administration of the benefit. Amendments were therefore made and accepted to the Act as it passed through Parliament7. These provisions are now in section 81 of the Act; we are not consulting on these arrangements.
5 Disability Living Allowance reform, Cm 7984
6 Office for Disability Issues, 2011, Equality Act 2010, Guidance: Guidance on matters to be taken into account in determining questions relating to the definition of disability
7 Hansard, House of Lords, 17 January 2012, Columns 549 to 550.
5
Re-claiming the benefit – linking rules
People of working age
3.6 Under current provisions for DLA individuals can re-claim a component or components of the benefit without having to satisfy the qualifying period where they had a previous entitlement to that component within the last two years. The new entitlement to DLA could be on the basis of an existing condition which has fluctuated or deteriorated following a period of remission or where they develop a new condition. Our view is that the provision which allows for a claim based on a new condition to bypass the qualifying period is not consistent with the main policy objectives of the required period condition for Personal Independence Payment and does not adequately establish whether someone has, and will have, a long-term condition.
3.7 For Personal Independence Payment, where someone has a condition that goes into remission, we would expect that their entitlement to Personal Independence Payment will be payable at a lower rate or stop. However, many such conditions can subsequently deteriorate again, sometimes in a pattern of remission and deterioration (for example, certain types of multiple sclerosis). Where people need to re-claim Personal Independence Payment as a result of a deterioration in their condition, our view is that they should not have to re-satisfy a qualifying period for any component they previously received.
3.8 Under the regulation-making powers we have at section 81(4) of the Act we propose that where someone is re-claiming Personal Independence Payment on the basis of a previous condition, or a range of conditions8, the claimant will not need to satisfy the qualifying period for any component or components to which they previously had been entitled. A period of one year can elapse between such claims rather than the two currently used. We believe this time period offers a sensible period over which we can relax the qualifying period; it aligns the rules with those already applying to DLA recipients over the upper age limit and allows for information on the previous claim to be retained for a reasonable period of time thus reducing storage costs.
3.9 Re-claims to Personal Independence Payment by individuals who have developed a new condition or conditions will be treated as a new claim and so have to fulfil a qualifying period of three months. Our view is that this position maintains the integrity of the benefit as one which should only be paid to those who have, and will have, a long-term condition. These proposals are currently within the draft Regulations published in relation to the consultation on the assessment criteria.
8 We will take a broad, rather than a strict, view on these re-claims on the basis that many conditions can interact in complex ways making it difficult to assign the effects of disability on any one condition. We intend to make revisions to the current draft Regulations, which are subject to a separate consultation exercise, to ensure this outcome.

Question 1

Does our approach on the linking rules support the policy intention of providing continued support to those with a long term condition which can fluctuate or deteriorate in the most reasonable and effective way? If you don’t agree, please tell us why and what an alternative approach could be?

People aged 65 or over

3.10 As for DLA, Personal Independence Payment will allow a claimant to continue to receive their existing award for as long as they satisfy the entitlement conditions, regardless of any upper age limit9 (see paragraphs 4.2 to 4.7). Renewal claims on fixed term awards which expire after someone reaches the upper age limit will also be permitted to allow someone to continue receiving Personal Independence Payment where they satisfy the entitlement conditions.
3.11 Where someone in receipt of DLA after the age of 65 loses entitlement to the benefit, perhaps because their condition has improved or they have submitted a renewal claim late, linking rules allow for a new claim to be made for DLA within one year of the expiry of the old claim. Such a claim allows for an individual to re-establish entitlement to either component of DLA they were receiving before, or to establish a new entitlement to the middle or highest rate care component, but does not allow for a new or higher entitlement to the mobility component. Where someone establishes entitlement to a previously received component they do not have to satisfy a qualifying period.
3.12 Under the regulation-making powers we have at section 83(3) of the Act we intend to broadly follow those rules but with the exception that a linked claim to Personal Independence Payment received after the upper age limit has been reached must be on the basis of a similar condition or range of conditions that gave rise to a previous entitlement. As with our proposals on people of working age (above)¸ in such circumstances any component previously received would not be subject to the qualifying period. This arrangement would more closely align the linking rules across all ages.
3.13 Paragraphs 4.2 to 4.7 provide more details on our proposals in relation to people on, around or after the upper age limit, including these proposals.

Question 2

1. Are there specific matters regarding this age group that would warrant a different approach?

Children

3.14 Personal Independence Payment eligibility will not be extended to children when it is introduced in April 2013. The Government’s response to the DLA

reform consultation set out its intention that children below the age of 16 will still be able to claim DLA. We recognise that children’s requirements are different from adults’, and are committed to consulting formally before extending Personal Independence Payment to children. We will also learn from implementing the new benefit for individuals of working age.
Claims from young people at age 16
3.15 A young person will only be able to apply or be assessed for Personal Independence Payment when they reach the age of 16. Our commitment is to ensure that when a claim is made by someone already in receipt of DLA the transition to Personal Independence Payment is effective with no gaps in payments, subject to their meeting the eligibility criteria.
3.16 To understand Personal Independence Payment design and delivery requirements and to meet the needs of young people we have set up a sub-group of the Implementation Development Group (IDG) called the Personal Independence Payment Young Persons Panel10. We have also begun work with focus groups and held one-to-one interviews with young people as part of our design method which considers the needs and behaviours of users throughout all stages of project design and delivery.
3.
17 Schedule 10 to the Act provides a power to consider transitional arrangements. Following our early engagement with the IDG and the Young Persons Panel, we will ensure that provision is made in our regulations to enable DLA payments to continue until a determination of a Personal Independence Payment claim has been made, and subject to the individual satisfying the eligibility criteria.
3.18 To ensure that there are no gaps in payment for young people approaching age 16 we intend to write to the parent or guardian before the individual reaches that age to tell them that their DLA award is due to end. This process will also apply to those currently on indefinite awards. Our starting point will be that the young person themselves will be the recipient of the benefit and we will therefore ask if they intend to claim Personal Independence Payment. Where individuals tell us that they do wish to claim the benefit we intend to contact them to tell them what they need to do. We will also confirm that, if the young person intends to claim, they are able to manage their own affairs when they are 16 and that their disability does not require a nominated adult to be appointed to act on their behalf. Our intention is that Personal Independence Payment will help meet the aspirations of young people as they start to move to adulthood and make decisions about other aspects of their lives.
3.19 If we are unable to establish contact or cannot determine if a Personal Independence Payment claim will be made the individual will no longer receive benefit payment from age 16 when their DLA award will come to an end. We will not be inviting claims to Personal Independence Payment until age 16

Question 3

Do you think we should do something different from our proposed approach to ensure transition at age 16 works effectively?

Residence and presence rules

3.29 We propose that after four weeks abroad Personal Independence Payment should no longer be payable and entitlement should end. Around 75 per cent of working age DLA claimants are also in receipt of incapacity benefits (including Employment and Support Allowance) and these benefits only allow an absence of four weeks abroad. Also, the 14 per cent of DLA recipients14 in work are unlikely to be able to take more than a four week holiday abroad. However, where people have gone abroad for specific medical treatment we propose that the period of absence be extended up to a maximum of 26 weeks.

Is the period of four weeks temporary absence from Great Britain sufficient? If no – why do you think the absence should be longer? And what do you think that longer period should be (and why?)

5. Reassessing existing Disability Living Allowance claims

Timetable for reassessment

5.6 From October 2013 any recipient of DLA reporting a change in their care or mobility needs will be invited to claim Personal Independence Payment. We will also begin inviting claims to Personal Independence Payment from people whose existing fixed-term award expires from March 2014 onwards.
5.7 Between October and December 2013 we will run a Pathfinder exercise of around 30,000 DLA claimants subject to the managed reassessment process. Any further lessons we learn during this exercise will be incorporated before we start the full reassessment exercise from January 2014.
5.8 The exercise to contact and invite a claim to Personal Independence Payment for all recipients of DLA will conclude by March 2016, although we would expect that not all reassessments will have been completed until later that year.
Information requirements: what people need to provide and when
5.9 Before Personal Independence Payment is introduced we will ensure that all current DLA claimants are provided with information on what will happen to their existing claim and when they may expect to be invited to claim Personal Independence Payment.
5.10 All claimants who have been selected for reassessment under either natural or managed reassessment will be told that their DLA will be ending and that they can instead make a claim to Personal Independence Payment. Claimants will have four weeks from the date that they are notified of their requirement to claim in which to do so. We are currently considering what the claim will need to ask for, how the claim can be made and how we can support claimants through this process. As for other process and design features, we are involving the Implementation Development Group and other stakeholders in this development. We will provide further details in due course.
5.11 Where a claim to Personal Independence Payment is not made within the time limit we will initially suspend payment of DLA and let the claimant know what we have done and that they can have the suspension lifted if they make their claim within a further four week period. If no contact is made by the claimant
5.12 The initial claim process for Personal Independence Payment under reassessment will be similar to the process for new claimants. Once a claimant has submitted their claim we will send them a questionnaire on which they will be able to provide additional details in support of their claim. The questionnaire will ask claimants to describe in their own words how their disability or impairment affects them and for the names of any health care professionals, or other people, who may be able to provide supporting evidence. Claimants will also be encouraged to submit any supporting documents they may have but will not be required to obtain them if they do not already have them. Return of the questionnaire will be an obligatory part of the claiming process: failure to return the form may result in the claim to Personal Independence Payment being rejected unless there are good reasons why it could not have been completed. We will ensure that there are processes in place to send reminders and to support those we have identified as needing additional support in the claiming process.
5.13 Once we receive the questionnaire, an independent assessor will determine whether additional evidence is required from anyone else. It will be the assessor’s responsibility to gather that evidence from either the people or organisations the claimant has identified as being able to provide the most relevant information or any other source. Once the assessor has gathered all the evidence they will decide whether or not a face-to-face consultation is required. We expect the majority of all claims will require a face-to-face consultation in the first instance. Where the questionnaire has not been received, we will ensure that anyone identified as requiring additional support will automatically be given a face-to-face consultation so that they are given the opportunity to explain in their own words how their disability affects them.
5.14 All claimants who are called to a face-to-face consultation will be given advance notice of when their consultation is due. Claimants that fail to attend a consultation without good reason will not be awarded Personal Independence Payment.
5.15 Claimants who are called for a face-to-face consultation will be able to bring a friend, relative, carer or any other person who can support them at the consultation.
5.16 The draft Regulations relating to the provision of information in the questionnaire and to the face-to-face consultation as they apply to new claims,
20 http://www.dwp.gov.uk/docs/pip-second-draft-assessment-regulations.pdf
21 See draft Regulation 8 for what we will take to be grounds for us to consider what constitutes a good reason – http://www.dwp.gov.uk/docs/pip-second-draft-assessment-regulations.pdf

Question 15

There will be limited appeal rights against the decision to terminate DLA and safeguards will ensure that people who genuinely were not able to claim Personal Independence Payment within the time limits will be able to re-engage with the claiming process without penalty. Is this a fair and proportionate approach to ensure people engage with the claiming process?

Question 16

Do our plans and timetable to reassess people for Personal Independence Payment appear sensible and reasonable? If not, what changes do you think we should consider introducing?

Question 17

We intend to build in a process to help us identify claimants who may need additional help to claim, for example those with learning difficulties or mental health problems who do not have an appointee. Although this process will not be subject to regulations, we would be grateful for any views on this proposal and how best to identify those people who need additional support from the Department or from other organisations.

Question 18

Our plans include procedures and rules to ensure that everyone invited to claim Personal Independence Payment will be repeatedly reminded before their benefit is first suspended and then terminated. Are there any other matters we should consider to ensure that everyone currently on DLA who may be entitled to claim Personal Independence Payment does so, and within reasonable time limits?

When payment of Disability Living Allowance will stop and Personal Independence Payment will commence

5.17 Once the independent assessor has gathered all the evidence, including any evidence from the face-to-face consultation, they will provide a report with their recommendations to a DWP Decision Maker. The Decision Maker will review the evidence received and the recommendations from the independent assessor to ensure all evidence has been looked at and that the recommendation is consistent with the evidence used. The Decision Maker can ask the assessor to review their recommendation where, in their view, not all the evidence has been looked at or given due regard or where the recommendation is in any other way inconsistent. In all cases it will be for a Decision Maker to make the final decision on a claim to Personal Independence Payment and the appropriate rate of payment where entitlement has been established.
5.18 Once a decision has been reached on a claim to Personal Independence Payment it will be communicated to the claimant. If entitlement has been established, payment of Personal Independence Payment will begin shortly after the decision notice is sent. Payment of DLA will end the day before payment of Personal Independence Payment begins ensuring there will be no break. Where entitlement to Personal Independence Payment has not been established the DLA will stop shortly after the decision notice has been sent. In all cases, a decision on ending someone’s payment of DLA will be subject to limited appeal rights but the decision on Personal Independence Payment will have no such limitations.

6. Award durations and reviews

6.1 Section 88 to the Act makes provision for award durations for an award of Personal Independence Payment to be for a fixed term, except where Decision Makers consider it inappropriate. The Act requires that the Government sets out details on award durations in guidance. This section includes details on the link between decisions on award durations and the individual’s ability to participate in society. It also provides information on the frequency and format of Personal independence Payment reviews.
6.2 Our intention for Personal Independence Payment has always been that benefit entitlement will be based on the degree to which individuals are able to participate in society, not on their health condition or impairment. Health conditions and impairments, including degenerative ones, can affect people in a range of different ways. For this reason, decisions on award durations will be based on individual circumstances, following appropriate consideration of all the evidence that has been provided. Decisions on award durations will be taken by DWP Decision Makers following advice from assessors. In some cases awards may be fixed for a short period of time such as one or two years. In others, longer term awards of five or 10 years may be more appropriate. We anticipate that ongoing awards would be used in cases where changes, either positive or negative, are unlikely. For example, where improvement over time or in response to treatment or rehabilitation is unlikely and where the needs of the individual are also likely to remain broadly the same. This approach will help to ensure that claimants are not required to go through unnecessary or inappropriate assessments.
6.3 We want to ensure that everyone continues to receive the correct level of award and that Personal Independence Payment reflects further changes in our society and advances in medicine or support, including changes in treatments. There is a duty to both claimants and the taxpayer to ensure awards stay correct throughout. All Personal Independence Payment awards will therefore be reviewed at appropriate intervals.
6.4 The frequency and format of reviews will vary depending on the individual’s needs, the likelihood of their health condition or impairment changing and potentially the successful use of aids and appliances. These reviews could involve gathering evidence from various sources, including self-report forms, information from relevant professionals who support the individual and face-to-face or telephone discussions. This will depend on the individual circumstances.
6.5 The Act includes a requirement to produce guidance on the duration of an award, including when an ongoing award would be appropriate and with what frequency that awards will be reviewed. This guidance will be evidence based and we are committed to co-producing it with the appropriate experts in relevant fields. We are also keen to involve disabled people and their representatives where possible to ensure that we get the detail right. As we will be engaging and involving interested parties in the development of this guidance we are not consulting on the detailed proposals.

7. Passporting arrangements

7.1 Section 92 of the Act includes powers to make consequential amendments to existing legislation through secondary legislation.
7.2 Entitlement to Disability Living Allowance (DLA) is a commonly accepted and broad definition of disability. In many instances receipt of a particular component/rate of DLA can provide a passport to other support, although it may not always be the only route to entitlement.
7.3 In designing the assessment for Personal Independence Payment, and the entitlements it will bring, the Government committed to keep in mind the existing passporting arrangements with a view to maintaining them wherever possible.
7.4 This chapter covers DWP related benefits and schemes and schemes and provides an update on our work with other Government Departments and the Devolved Administrations who are responsible for sponsoring their own schemes. It sets out proposals on the component and rate of Personal Independence Payment that will be used as a gateway for other benefits and schemes.

DWP benefits and schemes

Carer’s Allowance

7.5 The Government has considered the findings of the DLA reform consultation exercise and recognises the importance of the current passporting arrangements from DLA to Carer’s Allowance (CA), both to disabled people and their carers, so people do not have to face unnecessary multiple assessments.
7.6 The Government has confirmed that the standard and enhanced rate of the daily living component of Personal Independence Payment will form part of the gateway to CA in the same way as the middle and highest rate care component of DLA.
Income-related benefits
7.7 Universal Credit will replace the current income-related benefits (such as Income Support, Jobseekers Allowance (income-based), Employment and Support Allowance (income-related) and Housing Benefit, including their components and rates). In the main, entitlement to additional support within Universal Credit for adults will no longer rely on a direct link with DLA (or Personal Independence Payment). In the future access to this additional support will be through the Work Capability Assessment. There will be a period of transition from the current benefits to Universal Credit during which some people will remain on their existing benefits before moving to Universal Credit.
7.8 We are carefully considering the transition of both the income-related benefits to Universal Credit and DLA to Personal Independence Payment between 2013 and 2017; this includes, for example, the position of the current premiums for disability. We intend that Personal Independence Payment will act as a gateway to support that is provided through the existing income-related benefits prior to the introduction of Universal Credit and the reassessment of current claimants onto the new system.
7.9 In line with our commitment we will broadly maintain the current passporting arrangements during this period. One of the main premiums relates to disability23. Our intention is that any component/rate of Personal Independence Payment will provide entitlement to the disability premium; the standard or enhanced rate of the daily living component will provide entitlement to the severe disability premium, and the enhanced rate of the daily living component will provide entitlement to the enhanced disability premium.
7.10 We will take the same approach in respect of other premiums, provided through the income-related benefits, during this transition period so that existing arrangements are maintained insofar as possible.
7.11 The specific component and rate of Personal Independence Payment that will form a gateway to the premiums in the income-related benefits will be set out in Regulations.


Non-DWP schemes and benefits

7.17 Other Government Departments and the Devolved Administrations currently use the receipt of DLA as a gateway to a range of additional support. In designing the assessment for Personal Independence Payment, and the entitlements it will bring, the Government committed to keep in mind the existing passporting arrangements with a view to maintaining them wherever possible.
7.18 Decisions on passporting arrangements remain the responsibility of the Government Departments and the Devolved Administrations who administer them. We are working closely with other Departments and the Devolved Administrations to ensure that suitable arrangements are put in place and that decisions are effectively communicated to stakeholders prior to the introduction of Personal Independence Payment from April 2013.
7.19 Some Departments are planning to undertake their own consultation exercise on passporting arrangements between the schemes they administer and Personal Independence Payment.
7.20 Currently, people in receipt of the Higher Rate of the Mobility Component of DLA are able to apply to the relevant issuing local authority for a Disabled Persons Parking Permit, or Blue Badge, without any further assessment. The Department for Transport (DfT) plans to consult shortly on options for dealing with the impact of the change to Personal Independent Payments on eligibility for a Blue Badge. The consultation document will be available on DfT’s website24.
7.21 There are a number of existing tax reliefs relating to DLA. HM Treasury will publish draft legislation in autumn 2012 setting out how tax reliefs currently available to DLA claimants will apply to claimants of PIP. In the interim the Government will consult specifically in relation to the definition of trusts for vulnerable and disabled people.
7.22 Receipt of DLA satisfies some or all of the qualifying conditions for a number of additional elements of Working Tax Credit and Child Tax Credit. HM Treasury are considering what amendments to tax credits secondary legislation will be required to reflect the introduction of Personal Independence Payment. We are working closely with HM Treasury and HM Revenue and Customs on the arrangements.
7.23 The Scottish Government is exploring the best method of consulting stakeholders on the range of passported benefits under its competence. Any formal consultation will cover benefits passported from both Personal Independence Payment and Universal Credit. Welsh Ministers are currently considering the issue of passported benefits following welfare reforms and will confirm their proposals shortly.
7.24 The Department for Business, Innovation and Skills are considering changes to their schemes alongside the wider changes to the right to request flexible working and parental leave proposals in Modern Workplaces consultation launched 16 May 201125. They will set out proposals on these issues in the Government Response to the consultation due to be published later in 2012.
7.25 DLA is one of the qualifying benefits for council tax severe mental impairment discount disregard, and for council tax carers discount disregard. The Department for Communities and Local Government, which has overall responsibility for council tax, is currently considering what changes will be needed to the legislation governing the two disregards to reflect the phasing out of DLA and the introduction of Personal Independence Payment.
7.26 We will continue to work with other Government Departments and the Devolved Administrations sponsoring their own schemes to ensure that any future passporting arrangements remain appropriate for their own schemes and maintain the administrative benefits of the current links with DLA.

9. Impact assessment

9.1 The purpose of this public consultation is to inform secondary legislation on the detailed design of Personal Independence Payment. The Department carried out a formal consultation on the reforms to DLA26 and published an equality impact assessment on the planned changes in October 2011.
9.2 This consultation sets out a number of detailed proposals on which we are seeking views. The proposals in this document would have no impact on the private sector and civil society organisations. We are considering equality impacts as the detailed policy is developed; the overview below provides our current assessment of the potential impacts of these proposals for the protected equality groups.

Overview of potential equality impacts

Equality Area Impact

Disability

Personal Independence Payment is designed to target support to those with the greatest needs therefore. The entitlement criteria for Personal Independence Payment will be different to those of DLA and will result in some people who have health conditions or disabilities but lesser barriers to participation relative to others receiving reduced support. This is in line with the policy aim to focus support on those with greatest barriers to leading full and active lives. We have already published information on how the benefit caseload will be affected in the consultation document on the assessment criteria published on 16 January 2012.27
Central to entitlement to the new benefit will be an assessment to enable an accurate, objective, consistent and transparent consideration of individuals. The assessment criteria are being designed to reflect a more complete consideration of the impact of health conditions or disabilities than Disability Living Allowance, which can give undue priority to physical impairments compared to sensory, mental, cognitive and intellectual impairments. Testing of the draft criteria have shown that they are working to prioritise support on the basis of need, regardless of impairment type.
The assessment will determine entitlement based on individuals’ ability to carry out a series of key everyday activities and entitlement will not be based on the type of
impairment claimants have. This should help to remove differences in treatment which can currently arise depending on an individual’s health condition or disability.
The assessment criteria for Personal Independence Payment are being developed in collaboration with a group of independent specialists in disability, health and social care, including disabled people. We are currently carrying out a separate formal consultation on the draft assessment criteria, which runs until 30 April 2012 (www.dwp.gov.uk/pip). Meanwhile we have already engaged with and will continue to engage with the Personal Independence Payment Implementation Development Group, as well as national and local user-led groups on the design to explore impacts of the reforms.

Question 27
What else should we consider when developing our policy?
Question 28
We have indicated areas we do not have information to consider the impact on protected groups. We would be interested in suggestions on where we can find robust evidence that we can use.

10. About this consultation

Audience, purpose and scope

10.1 This consultation is intended to seek views on the detailed proposals that will inform the secondary legislation on Personal Independence Payment. We would like to hear from all who are interested, including disability organisations and disabled people.
10.2 This consultation document seeks your views to inform the secondary legislation on Personal Independence Payment and provide an update on policy and design decisions. We would especially like to hear from disability organisations and disabled people.
Scope of consultation
10.3 This consultation applies to England, Wales and Scotland. Social Security is a devolved matter in Northern Ireland. We are, however, working closely with colleagues in Northern Ireland and would welcome comments from individuals and organisations in Northern Ireland.
Consultation arrangements
Duration of the consultation
10.4 This document was published on 26 March 2012. We need you to respond to the consultation questions by 30 June 2012.
How to respond to this consultation
10.5 Please send your consultation responses to:
Email: Pip.feedback@dwp.gsi.gov.uk
PIP Policy Team
Department for Work and Pensions
Caxton House
Tothill Street
London
SW1H 9NA
10.6 Please ensure your response reaches us by 30 June 2012.

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