Brits with these ‘two psychological well being sicknesses face key DWP battle over misplaced PIP’

Lawhive’s Head of Head of Legal Operations Daniel McAfee warned there will be a ‘legal battle’ between claimants with the DWP over the tightening of PIP assessments

The Government’s announcement of the “biggest shake up” to the British welfare system in a generation has been met with fury, confusion and a backlash across the political spectrum. Labour plans to save £5billion a year by 2030 and get more people back to work by making it harder to claim a key disability allowance called Personal Independence Payment (PIP) among other changes.

There are 3.6 million people with long-term physical and mental health conditions claiming PIP, which is paid out in two tranches – one called daily living and the other named mobility. Working people can currently claim both streams of PIP.

The daily living element – worth £72.65 or £108.55 per week – will become harder to claim with stricter criteria introduced from November 2026. While the £28.70 to £75.75 per week mobility benefit will not be changed under the government’s proposals.

Health professionals carry out PIP assessments, which involve questions about tasks like preparing food, eating, washing and getting dressed. Each category receives a score between zero – no difficulty – and 12 – the most severe.

Currently, claimants can qualify with a score of one or two across a number of categories. From November 2026, applicants will need to score at least four points for one activity.

However, Lawhive’s Head of Head of Legal Operations Daniel McAfee warned those with conditions like depression or anxiety could sue. He said: “The key here is demonstrating that the new criteria are unreasonable or irrational.

“It could be scrutinised whether the decision-making process was lawful, rational, and proportionate. There could be grounds for challenge if it can be proved that the new criteria fail to adequately reflect the complex and fluctuating nature of many disabilities, especially mental health conditions.

“Think about the challenges in quantifying mental health. How do you objectively measure ‘anxiety’ or ‘depression’ in a way that aligns with rigid criteria? That’s where the legal battleground will be.”

He added: “The Equality Act 2010 could come into play here. The Act prohibits discrimination against disabled people.

“If the stricter eligibility criteria disproportionately affect individuals with particular disabilities, especially those with mental health conditions, there could be arguments for indirect discrimination.

“This means that while the criteria might appear neutral on the surface, they have a discriminatory impact. Legal action might be possible if the government’s criteria unfairly impact disabled people, or if they haven’t provided reasonable accommodations to address their specific needs.”

Concerned about your welfare payments? Email: dan.grennan@reachplc.com

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