Go back a step

Government not to challenge High Court decision on PIP mobility rules

Tuesday 23rd January 2018

The government has announced that it will not be appealing the High Court's recent decision that the Personal Independence Payment (PIP) mobility rules discriminate against people with mental health problems and conditions such as autism.

This announcement will be a boost for many disabled adults, making it easier to qualify for the mobility component of PIP if you cannot plan or follow the route of a journey independently due to psychological distress.

Background to the case

In March 2017 the government changed the PIP rules to make it harder for people with mental health conditions to qualify for the mobility component. However in December, the High Court found that these changes unlawfully discriminated against some disabled people.

The government had originally said that it intended to appeal the Court's decision, but in a surprise announcement it has now decided to back down.

What happens to the rules now?

As a result, the government will now have to amend the PIP rules again to ensure that people who suffer psychological distress are once again able to qualify for the mobility component of PIP.

The government has also said it will identify all those claimants who have who lost out as a result of the changes it introduced in March and will ensure that mobility payments are backdated in those cases. 

Contact comments on the latest decision

Contact's benefits adviser Derek Sinclair said: "This is great news for disabled adults with conditions such as mental health conditions and autistic spectrum disorders. The decision to change the PIP mobility rules in March last year was unjustified and we are very pleased that the government has now seen sense and accepted the High Court's decision.

"It's important that the government now act quickly to introduce new regulations to ensure that the mobility rules revert back to what they were before March and to make sure that all those who lost out are identified and paid the arrears they are owed."