It's true, I'm no longer disabled - so the DWP say!!!

anmarj

If both had the right rate of DLA, then double Sdp premium would of been added on, because the husband lost the dla/pip/aa, then the couple rate stopped, the single rate would only apply if they fell under one of the other rules, and if the did not fall under that, then no single rate sdp would be payable


https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/380035/dmgch78.pdf


Claimants who have a partner may not satisfy the conditions in DMG 78045. In such a case the lower rate can still be awarded if1
1. one of the partners is in receipt of
1.1 “AA” or
1.2 the care component of DLA at the highest or middle rate or
1.3 the daily living component of PIP at the standard or enhanced rate or
1.4 AFIP and
2. the other partner is blind or treated as blind and
3. there are no persons aged 18 or over
3.1 normally residing with the partners or
3.2 who the partners normally reside with (see DMG 78065 et seq) and

no-one is entitled to and in receipt of CA in respect of caring for the partner who is receiving “AA” or DLA as in 1.

anmarj

Torry_Quine wrote: »

You really need to check if you are getting all that you are entitled to. DLA isn't counted as income for income based benefits so don't understand why the pension credit stopped.

They may have other high income ie works/private pensions?? And the op has not said what their SP amounts are. There are a lot of cases where the SDP premium is the only thing that keeps a claim live.

sueturnersmith

Although the OP has my sympathies, there is something about all this that doesn't quite ring true....

tomtontom

sueturnersmith wrote: »

Although the OP has my sympathies, there is something about all this that doesn't quite ring true....

All a bit familiar?

poppy12345

racon wrote: »

Here's hoping that I am in the right place to ask this question?
The back story is that ever since 1993 I have always been given HIGH mobility & MIDDLE care of DLA. I have had reviews over the past 20 years, all of them giving indefinite awards . Fast forward to Nov last year. I was 65 in June 13 so PIP has to be claimed. Hearing that it could well have been 2015 at the earliest that I would be called, I would have been 67 at least. So like everything in life that I do, I take the bull by the horns and just get on with it.
I 'volunteered' for PIP in Nov 13 and eventually received a ruling in April 14 that I was no longer disabled!! In their letter it said that as I had failed the PIP test and that I was over 65, they would see if another similar allowance could be paid. This week I heard that this other allowance, Attendance something, was also refused.


What I would like to know is how do the government expect us to live when they have reduced our weekly income by over £100 a week and on top of that I have had my car taken back from me that the DLA was paying for, we no longer get any help towards the Council Tax and no help towards the mortgage. Can I put in another claim for PIP just to get the car back?

Because you were 65 you would never have been invited to apply for PIP, you would have actually stayed on DLA, your rate would never have changed but at least you would have had it. All this now though is too little too late. Yes you should really go and see someone about claim Attendance Allowance.

rogerblack

racon wrote: »

I was 65 and my wife was 63 when I put in for PIP in Nov 13.

When was your age at 8th April 2013?

If you were 65 before this date, I believe processing a claim for a PIP for a self selector who claims PIP over the age of 65 an error, and the whole process should be thrown out and the claimant put back in their original position?

http://www.legislation.gov.uk/uksi/2013/387/regulation/4
' A DLA entitled person who has not been sent a notification under regulation 3(1) may not make a claim for personal independence payment unless—

(a)they were aged under 65 on 8th April 2013,'

cbrown372

racon wrote: »

Hey Poppy. Well from what I read on the internet, everybody that was under 65 when PIP started had no choice but to claim PIP. Only those 65 and over when PIP started are exempt from PIP and carry on getting DLA. I did a lot of reading up on it. My indefinite DLA didn't stop when I claimed PIP, it stopped when they refused the PIP. That is the bit I don't understand, I was under 65 when PIP started but claimed the conversion 7 months after my 65th birthday. So how can they have accepted the PIP claim aged 65 but won't when I am 66? As for the Attendance thing, they looked at that after failing me the PIP test using the PIP form I filled in, but they failed me on that as well.
If we can't have the car back they are saying then that my mobility has improved??
On top of that how are we supposed to find the missing £106 a week that we are down AND pay the Council Tax AND pay the monthly mortgage interest of £258, both of which were being paid by Pension Credit? That's like costing us £200 a week.
And they say that us pensioners are rich and not suffering the cuts.

Hey Andy. Sorry to hear of your problems, goodness, having to pay your own mortgage, that is tough.

racon

poppy12345 wrote: »

Because you were 65 you would never have been invited to apply for PIP, you would have actually stayed on DLA, your rate would never have changed but at least you would have had it. All this now though is too little too late. Yes you should really go and see someone about claim Attendance Allowance.

Hey Poppy. It is a bit gutting. I don't know what can be done if anything now. It's my wife I feel sorry for, she isn't too pleased with me if what you say is actually all true. I'm going to contact the CAB in the morning to see what they can do for us.

racon

Hey Roger. I thought that I mentioned when I was 65 way back? Yes at the start, it was June 13. I was under 65 in April 13 but 65 2 months later in June 13. Reading what you have said, it seems to say that it is illegal for the DWP to process a PIP claim if you were 65 on the 8th April 13. You live and learn don't you?

racon

Hey all, I've done the entitled thing on the internet and it says that we should still be getting just over £20 a week Savings Credit and £2.65 off our weekly Council Tax bill. Something else that I need to talk to the CAB about. Maybe put in a claim for both.