DLA to PIP at 16

Soapaddict

my child is 16 next month.
HRC ends day before birthday,HRM indefinite.
I received letter in August stating on or around the birthday they would be asked to claim PIP and DLA would continue until it was asessed as long as all forms retd etc. it also asked if an appointee was needed which there is so i returned the form..there has been a !!!! up on their part as they did not refer us for a visit ,I also rang to chase this up and this is noted on their computer.
I rang again to be told as the appointee visit has not been done the current DLA will end on the date before the birthday and will then be suspended.
The lady on the phone apologised and said she would refer it today!! I know the visit wont take long and what it entails,but this will also have knock on effects for carers allowance etc through no fault of my own. I have read about DLA being extended until PIP awarded but the fact that the appointee hasnt been done is going to affect this.

rogerblack

This is complex, and I'm not at my best.
I am not sure that having the two components at a different time is actually legal, hence they're treating it as limited to the only one stated.

If this is true - and DLA will in fact not be suspended - but ended - then you will not be paid until a decision on the PIP is made.

The appointee situation is complicating this.

Normally - what would happen is the DLA award would continue in payment at the same rate until the PIP decision.
Any confusion over the appointee would just lead to a suspension of benefit - halting payment but not entitlement.

This would be repaid once the appointee is confirmed.

However - if a decision to stop payment of both components is made - not merely suspend them while the appointee is confirmed - no payment will happen from the 16th birthday until the time a PIP decision is made - and no backpayments will occur.

http://www.rightsnet.org.uk/forums/viewthread/354/ is relevant.

My understanding is that an appeal should be made that the decisionmaker for DLA has apparantly decided to correct an error in the original award that the periods are different in their favour, and not your sons. (I.E. unlimited time for the award), and that this decision was incorrect.
There would normally be no appeal possible on this for most awards, as they are closed periods only - however the different periods mean a decision has to have been made to choose one or other thing to do (extend or terminate both awards).

Soapaddict

They have had DLA for years and it was only the last review about 3 years ago where the dates differed for mob and care,presumabley as they will be 16..they have CP which wont suddenly disappear so can see why that was indefinite.
The lady i spoke to didnt seem to know what would happen which isnt particularly helpful to me!

Soapaddict

Well had a sleepless night worrying.. Having a disabled child and now this mess is going to make ME Ill !!

merlin68

My dd was 16 in july and they didn't send her form till august despite me hassling them for it but luckily they have extended award for a year so I don't loose out whilst im waiting have waited since august for decision grr. are you sure pip is in your area as it isn't in ours and shes still being assesd under dla.

Soapaddict

The last letter said he would have to claim PIP at 16 and the forms wouldn't be sent until his birthday.. Which she also told me yesterday that they couldn't send them out til he was actually 16., she said it would be suspended!!! The letter did say it would continue ..

rogerblack

Soapaddict wrote: »

The last letter said he would have to claim PIP at 16 and the forms wouldn't be sent until his birthday.. Which she also told me yesterday that they couldn't send them out til he was actually 16., she said it would be suspended!!! The letter did say it would continue ..

As above - I do not believe it is legal to have the two components ending at different times.
Either they must both end at the time specified (day before 16th) - or be indefinite.
However - this is territory for an actual proper welfare person.

Soapaddict

Trust me to have a complicated one!!
After hours in the phone today.. I will list what happened to follow in chronological order.
It's call to local visiting team to see if HQ had referred for appointee visit yet .. Surprise surprise no!! He actually reopened it for me and will hopefully have appointee visit shortly.
Rang DLA.. Was told since I had had letters re PiP claim form being sent out to contact PIP to confirm the forms would be issued and so they could notify DLA to continue to pay until is assessed.
Rang PiP.. We aren't in A PIP area, there is nothing in the system re our claim and a DLA reassesment needs doing.told to ring DLA.
Last call to DLA.. Actually got through to someone who deals with the claims rather than the helpline.. Told him everything that happened.. He couldn't understand why we had all the Claim PIP letters at 16 as its done automatically.he is sending the DLA form today and will note everything as urgent and will go straight to a decision maker when I send it back which he thinks could be done before the current claim ends.. We shall see!!!
I feel better about it now, at then end of the day, I've done what they asked( wait for a pip form!) and they have messed up by sending no DLA reassessment letters and telling me it would be PIP!!

Calann

Had exactly the same thing happen to my 16 yo son yesterday, am currently on hold to see if they have actually reinstated his payments..

Soapaddict

Calann wrote: »

Had exactly the same thing happen to my 16 yo son yesterday, am currently on hold to see if they have actually reinstated his payments..

How did you get on.. My form for child DLA arrived today !