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69 year old man on low rate DLA

edited 30 November -1 at 12:00AM in Benefits & Tax Credits
43 replies 2.5K views
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  • ohreallyohreally Forumite
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    poppy12345 wrote: »
    Surely that's not correct here because of the DLA to PIP rules and he would have been under the age of 65 in April 2013. I know of others over state pension age that transferred to PIP from DLA and have been awarded mobility.

    As this chap lost entitlement to mob component 6 years ago how would your example apply in this case?
    Don’t be a can’t, be a can.
  • poppy12345poppy12345 Forumite
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    ohreally wrote: »
    As this chap lost entitlement to mob component 6 years ago how would your example apply in this case?
    Having re-read the OP post i missed the "re-assessment in 2014"
  • Thank you all so much for all your advice.

    What I believe is correct by what everyone is saying it:-

    Even if he applied for PIP himself (obtaining full medical evidence prior to applying) he would not be considered for the Mobility Component, only the Personal Care Component.

    The difference between DLA and PIP is there is only 2 Personal Care Awards with PIP, but there are 3 with DLA. As I said before, he currently gets the lowest rate for personal care.

    If the PIP application was turned down, could he then apply for AA as mentioned calcotti?

    I think what I have stated is correct, please feel free to correct me if I am wrong as I want to make sure I've got my facts straight before I explain it to him.
  • calcotticalcotti Forumite
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    If the PIP application was turned down, could he then apply for AA as mentioned calcotti?

    Certainly if PIP is refused he can apply for AA.

    My understanding is that if the PIP is turned down they should automatically consider whether or not he might be eligible for AA - however I can't find official guidance on that.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • edited 15 January 2020 at 5:33PM
    bigbillbigbill Forumite
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    edited 15 January 2020 at 5:33PM
    From Memory?

    PIP came in for NEW claims 2013 for over 16's and under 65's.

    Between 2013 - 2015 some people turning 16 or if there existing DLA was ending had to claim PIP

    From 2015 other existing DLA claimants (Under 65 before April 2013) were invited to claim PIP.

    If correct then the OP could well have been re-assessed for DLA and remained on DLA at low care in 2014?

    Again if still on low care DLA and they now claim PIP the high mobility will or should still be available to them as well as daily living in PIP.
  • edited 16 January 2020 at 7:23AM
    calcotticalcotti Forumite
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    edited 16 January 2020 at 7:23AM
    All DLA claimants who were below age 65 in April 2013 will be transferred to PIP. Only claimants who had reached the age of 65 by April 2013 will stay on DLA.

    As the claimant is 69 now they were clearly below 65 in April 2013 and will therefore be invited to apply for PIP at some stage.

    [STRIKE]Once you reach pension age it is not possible to obtain an increase in a mobility award. Therefore as claimant is not getting mobility currently they cannot be considered for a mobility award. see top of page 12 here[/STRIKE] https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs87_personal_independence_payment_fcs.pdf

    EDIT: I was incorrect (see later posts). There is an exception to the normal rules for people on DLA to PIP transfer when having their first PIP assessment. Struck through to avoid misleading anyone reading this post later.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • bigbillbigbill Forumite
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    calcotti wrote: »
    All

    As the claimant is 69 now they were clearly below 65 in April 2013 and will therefore be invited to apply for PIP at some stage.

    Once you reach pension age it is not possible to obtain an increase in a mobility award. Therefore as claimant is not getting mobility currently they cannot be considered for a mobility award. see top of page 12 here https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs87_personal_independence_payment_fcs.pdf

    Once again calcotti I must once again disagree with you, the above info on PIP Mobility at bottom of page 11 & top of page 12 clearly applies to people already on PIP and are now over pension age.

    As he is 69 and still on DLA he has yet to be invited to claim PIP so I can assure you they can get the mobility part of PIP awarded once he starts or is invited to claim PIP.

    If I find time I will find the info to confirm this.
  • poppy12345poppy12345 Forumite
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    bigbill wrote: »
    Once again calcotti I must once again disagree with you, the above info on PIP Mobility at bottom of page 11 & top of page 12 clearly applies to people already on PIP and are now over pension age.

    As he is 69 and still on DLA he has yet to be invited to claim PIP so I can assure you they can get the mobility part of PIP awarded once he starts or is invited to claim PIP.

    If I find time I will find the info to confirm this.
    That's exactly what i thought too. I'll be very interested to read whatever you find. I know of others that weren't claiming mobility DLA and have past state pension age and are now claiming mobility PIP, since transferring across.
  • Robbie64Robbie64 Forumite
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    It is possible on a DLA to PIP conversion case for a mobility element to be added when the person is aged 65+ even when one isn't in payment under the current DLA claim. Although an old document (it dates back to 2013) the policy is still in place:

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/180958/pip-briefing-people-over-65.pdf

    see the first paragraph of page 2:

    We have also added an important safeguard which means that anyone being assessed for the first time for PIP who at the time when they are assessed is aged 65 or over will be able to access the daily living and the mobility component of PIP at either the standard or the enhanced rate without the normal age restrictions applying. This means that some people may be able to access the mobility component for the first time, even if they were aged 65 or over at the point they are assessed.
  • calcotticalcotti Forumite
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    Robbie, I have never come across that before nor seen it referred to. Thanks for highlighting it. Confess I can’t see the logic of that exception given that under DLA rules, as I understand it, a claimant could not increase their mobility entitlement after pension age.

    Interesting briefing on mobility benefit issues for pensioners here https://researchbriefings.files.parliament.uk/documents/SN07160/SN07160.pdf
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
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