Acquired brain injuries from a tribunal perspective

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Acquired brain injuries from a tribunal
perspective

• Jessica M Burns
• Regional Chairman
• Appeal Tribunals

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(No Transcript)
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Appeal Tribunal - SSCSA

• Social Security and Child Support
• From April 2006 administered by the Tribunal
  Service now part of the Ministry of Justice
  from 9 May 2007
• Regional organisation with network of local
  venues
• Informal appeal procedures
• Appellant friendly ethos

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Brain injury and the benefits system

• Industrial Injuries Disablement Benefit IIDB
• Incapacity Benefit IB
• Disability Living Allowance - DLA
• Carers Allowance CA
• Vaccine Damage
• Compensation Recovery

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mental function issues
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Industrial injuries disablement benefit

• Paid as a result of an accident at work if in
  employed earners employment
• No fault basis
• Can be final or provisional award
• Paid on sliding scale from 20 at 26.34 to 100
  at 131.70 per week
• Dependants additions applicable

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Examination at hearing

• At least one Consultant on tribunal appropriate
  to injury
• Possibility of examination
• Clinical findings sheet issued with decision

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Incapacity Benefit

• Benefit or Credits
• Personal capability assessment
• Normal requirement for examination
• Importance of GP information to pass on scrutiny
• Recurrent assessment
• Tribunal or 2 legal and medical
• Changes in the provisions from 2008

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Impaired mental function Higher Rate Mobility
Component of DLA

• Section 73 (1) (a) Social Security Contributions
  and Benefits Act 1992 suffering from physical
  disablement such that he is either unable to walk
  or virtually unable to do so.
• Exclusion of purely psychiatric conditions but
  does not exclude brain injury whether congenital
  or acquired.

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Mental Physical aspects

• The weight to be attached to physical and mental
  disablement in cases where both factors might be
  present is for the tribunal to decide
  
• The test remains virtual inability to walk out
  of doors having regard to factors such as gait,
  speed, balance, onset of severe discomfort

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Higher Rate Mobility Component

• Paid at the rate of 45 per week tax free
• OR
• Car provided on Motability scheme through
  purchase or hire

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Lower rate mobility component

• So severely impaired mentally and/or physically
• Requirement for guidance and supervision in order
  to walk out of doors
• On familiar or unfamiliar routes
• Paid at 17.10 per week

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Other benefits

• Carers Allowance
• Vaccine Damage
• Compensation Recovery

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Diversity and disability

• People with disabilities
• Carers
• People with professional expertise in working
  with the disabled
• But not lay members

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Appeal Outcomes

• Over 50 of appeals have some degree of success
• There is no cost implication most appellants
  are unrepresented but the presence of a
  representative increases success by 50
• If appeal is not successful further appeal to
  commissioner has no cost implication as it is
  considered on the papers

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Useful Internet Addresses

• www.dwp.gov.uk
• www.tribunals.gov.uk social security and child
  support appeals
• www.cpag.org.uk

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The End Any questions?