Published: 31st January 2018 PLP represented RF, who brought a challenge to part of the Government’s 2017 Personal Independence Payment (PIP) Regulations. The Regulations explicitly excluded applicants receiving higher levels of benefit if they could not undertake certain activities because of psychological distress. The judge quashed the Regulations because they discriminate against those with mental health problems in breach of the Human Rights Act. Because they were discriminatory, the judge also found that the Secretary of State did not have lawful power to make the Regulations (i.e. they were “ultra vires”), and that he should have consulted before making them, because they went against the very purpose of the PIP. RF’s claim was supported by The National Autistic Society, Inclusion London, Revolving Doors and Disability Rights UK. All of those organisations gave statements to the court that the Regulations were unfair and that the intention to treat those with psychological distress differently had not been made clear in the early PIP consultation stages. The claim was also supported by two interveners: Mind and the Equality and Human Rights Commission (EHRC). The EHRC made written submissions to the Court on the ongoing and persistent breaches by the UK Government of its obligations under UN Convention on Rights of Persons with Disabilities arising from its austerity measures. The Judge found that this inconsistency with the UN Convention supported his finding that the measure had no objective justification. In his judgment Mr Justice Mostyn noted (para 59) that “The wish to save nearly £1 billion a year at the expense of those with mental health impairments is not a reasonable foundation for passing this measure.”