Call me stupid but I can't understand this - help?

Guggul

My mum is on DLA and her award is due to expire in November 2014.

She has asked me to look into what will happen when her award runs out. I've read the various government sites and I still can't figure it out.

Mum had assumed that she would get her DLA right up until her expiry date in November 2014 and that then it was up to her if she wanted to apply for PIP instead at that time.

But from what I have read it seems they (the DWP?) will send her a renewal form/claim for PIP 20 weeks prior to her November 2014 expiry date. And that she will then have just 28 days from receiving this form to return it and if she doesn't return it within the 28 days her DLA gets suspended and ultimately quite possible terminated, many weeks before it was due to end.

Am I correct in thinking this or have I got it wrong?

Is the reality that she will get her DLA until November 2014 but will get no more money after that unless she complies with the PIP claim?

She would like to just stay on DLA until her renewal date of late November 2014 and then let it lapse. Is this possible? Or would they snatch it away from her 20 weeks earlier if she doesn't send in the PIP form?

She's getting really wound up and unfortunately I've not been able to fathom it out for her.

She is also in receipt of a pension.

Thanks in advance for any clarity you can give.

Guggul

anyone able to explain?

DomRavioli

Guggul wrote: »

My mum is on DLA and her award is due to expire in November 2014.

She has asked me to look into what will happen when her award runs out. I've read the various government sites and I still can't figure it out.

Mum had assumed that she would get her DLA right up until her expiry date in November 2014 and that then it was up to her if she wanted to apply for PIP instead at that time.

But from what I have read it seems they (the DWP?) will send her a renewal form/claim for PIP 20 weeks prior to her November 2014 expiry date. And that she will then have just 28 days from receiving this form to return it and if she doesn't return it within the 28 days her DLA gets suspended and ultimately quite possible terminated, many weeks before it was due to end. - In the majority of cases this is correct. You will get a form at least 20 weeks before renewal (in this case transfer to PIP as DLA is being phased out) and if it is not returned, they can suspend the DLA received. You have fair warning now, so why not get as much ready as you can?

Am I correct in thinking this or have I got it wrong?

Is the reality that she will get her DLA until November 2014 but will get no more money after that unless she complies with the PIP claim? Again, this depends on if she sends the form back - they can remove a benefit at any time for any justifiable reason.

She would like to just stay on DLA until her renewal date of late November 2014 and then let it lapse. Is this possible? Or would they snatch it away from her 20 weeks earlier if she doesn't send in the PIP form?They can do this, you would be best calling DLA for true clarification, and get it in writing before you take it as read.

She's getting really wound up and unfortunately I've not been able to fathom it out for her.

By the way she's late 50s so I don't think she's old enough to be exempt from any changes or anything.What changes???

Thanks in advance for any clarity you can give.

See answers in bold red above. If you don't demonstrate how she fits the descriptors, then she can have it taken away.

Is there a reason she's letting it lapse? If there has been a change in condition, then she MUST notify DLA - it is one of the conditions to receive this benefit.

Guggul

DomRavioli wrote: »

See answers in bold red above. If you don't demonstrate how she fits the descriptors, then she can have it taken away.

Is there a reason she's letting it lapse? If there has been a change in condition, then she MUST notify DLA - it is one of the conditions to receive this benefit.

Thanks for your reply. Her reason for letting it lapse is that she can't face the stress of an ATOS assessment. But she was really hoping the DLA would run on until its natural expiry date in November 2014.

I just called someone at the DLA office to ask for guidance. The person I spoke with said that the claim will just run its course and that when it comes up for renewal it will be a DLA renewal because PIP hasn't been rolled out in our part of the country yet. She insisted that nothing will change and that if my mother does nothing when she receives her renewal forms the claim will just end on its expiry date. Was she telling me porkie pies in your opinion?

DomRavioli

Guggul wrote: »

Thanks for your reply. Her reason for letting it lapse is that she can't face the stress of an ATOS assessment. But she was really hoping the DLA would run on until its natural expiry date in November 2014.

I just called someone at the DLA office to ask for guidance. The person I spoke with said that the claim will just run its course and that when it comes up for renewal it will be a DLA renewal because PIP hasn't been rolled out in our part of the country yet. She insisted that nothing will change and that if my mother does nothing when she receives her renewal forms the claim will just end on its expiry date. Was she telling me porkie pies in your opinion?

No, but you need to get them to put it in writing. They are the ones who administer the benefit, but without it in writing, its worth nothing.

And I don't mean to pry, but if you can provide evidence from clinicians or medical professionals to state that your mum fits the descriptors, there isn't a guarantee she will have to have a medical.

I didn't have one when I was granted DLA, but you have to prepare everything to a T for them. IF she still fits the groups, why not apply for PIP? You can always cancel a claim further down the line, or she could have a home visit if her GP writes a letter stating she needs a home visit.
The ATOS centres are pretty bad, so it is definitely a bit to think about. If you need help with providing evidence, I'd suggest speaking to any hospital consultants she is under (well their secretaries at least - they are used to providing letters to state any medical problem and also how it affects the patient), her GP (she would have to do it usually due to confidentiality, she can write them a letter?) and the CAB if you have one locally. Maybe even disability rights, they have a website.

Guggul

Hi Dom,
Mum already got her DLA Award renewed once in the past. About 3 years ago. She had her specialists at the hospital write reports about her condition and she didn't get called in for a medical. However, when her DLA renewal came up that time they sent her a form a few months in advance and if she had for any reason chosen not to re-apply then her DLA would have run on until her original expiry date. There was no question of her DLA getting shut down if she failed to send in their renewal form within 28 days of them issuing it! That is the bit that I am trying to shed some light on here.

I can't see any reason the woman at the DLA office today would lie to me. She said that customers in Central England and a few other areas will indeed be moving on to PIP now. But she said that customers in other areas (my mum's just outside London) will not be migrated yet, even when their DLA is up for renewal. She said that they will start to be migrated in 2015. This *seems* to be backed up by what I've read online. I think perhaps initially they wanted everyone on PIP by now but perhaps they are behind schedule?

I simply can't see how she would gain anything from lying.

DomRavioli

They are severely behind schedule on PIP - 6 month waits for decisions! I only said to get it in writing as I always say it, just in case there's a problem!

Hope all goes well, and you can always PM me if you need anything and can't find the thread!

Guggul

Thanks for all your input Dom :-)

I received an email back from a friend of a colleague who is a welfare rights specialist. Here is a cut and paste from his email:

"Residents in your mother's borough who claim DLA and who: turn 16; report a change in their condition; or come to the end of fixed term will continue to renew for DLA until the DWP announces a new date for these groups having to apply for PIP.

As its stands at the moment from 2015, if she is still on DLA, you will be invited to apply for PIP."