69 year old man on low rate DLA

calcotti

I suggest they seek debt advice. You may also wish to post on the Debt Free Wannabe forum.

As you know, for means tested benefits all changes of circumstances must be reported and, as you indicate, they need to wait to see what DWP say. They be able to argue extenuating circumstances due to ill health in respect of whether the failure to report is treated as fraud. They will however be expected to pay back any overpayment that has occurred.

See also https://www.citizensadvice.org.uk/benefits/help-if-on-a-low-income/pension-credit/pension-credit-appeals/if-the-pension-service-says-youve-had-a-pension-credit-overpayment/

pmlindyloo

May I also suggest that they contact AgeUK to see if they have an advisor who can help them with their benefits.

https://www.ageuk.org.uk/

They may have an advisor who can visit them at home.

leftholdingthebaby

Thank you Calcotti for the link and Pmlindyloo for suggesting AgeUk.

I think the best thing to do at the moment is to wait and see how the fraud department wish to proceed.

leftholdingthebaby123

FOUND THE OLD POSTS - Can anyone please answer the questions I have raised in this post??

I have already got a thread going on this subject with some fab information under the Benefits Forum, unfortunately, since the changes to the forum, I cannot access the thread even using another browser and have spent 3 hours trying.  The 69 year old man is on Low Rate DLA for personal care.  Up until 2013 he was on High Rate DLA and High Rate Mobility until he had an ATOS assessment and was stripped of his Mobility and placed on Low Rate DLA - he did not appeal..  He is now 69 and has never been invited to migrate over to PIP.  Can anyone please help me with my question, there were some excellent links.  I spoke to Age UK yesterday as I was under the impression that as PIP have been slow on migrating people over to PIP his rights would be protected, including a new award for Mobility.  Also if PIP was denied, his application would automatically be forwarded to Attendance Allowance (although I know there is no mobility with AA).  Age UK had never heard of a 69 year old being migrated over to PIP and being able to get the Mobility Component, especially as he lost it in 2013.  I just want to get all this straight in my head and hope the people can link this thread, but please remember my browsers are not allowing me to 'go back in time'.  I remember Poppy contributed to the thread and I think Billy, there was loads of great advice, but I really could do with the question answering in this thread, can he migrate or put in a claim for PIP and claim the Mobility element and if unsuccessful, will the application automatically be sent to Attendance Allowance without a Mandatory Reconsideration.  Thanks to anyone who can help me.

calcotti

This post earlier in this thread along with others seems to answer your question.

Robbie64 said:

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.

I am not clear what more you are looking for.

leftholdingthebaby123

Thanks calcotti, Age UK confused me yesterday when I spoke on the person's behalf, they said that there was no such legislation in place.  I told them that I believed that the elderly man's rights were protected due to the lengthy migration from DLA to PIP and that he could apply for the Mobility Component even though he wasn't currently claiming it on DLA Low Rate Care.  She was adamant that he would not be able to apply for PIP, and definitely not a mobility component.  I said that I was sure that if his PIP application was declined, they would automatically pass the application onto Attendance Allowance. I know there is no mobility with AA, but what I'm not sure about is if the PIP was unsuccessful, could he apply for a Mandatory Reconsideration.  Before I reply to her I want to get my facts straight as she was adamant that I had got it wrong and she had never heard about this legislation.  I'm happy to send her the links, but want to make sure whether I am right or wrong about the points I've made in this post.  Thank you so much for putting the links in your post.

calcotti

leftholdingthebaby123 said:

but what I'm not sure about is if the PIP was unsuccessful, could he apply for a Mandatory Reconsideration.  

Any DWP decision has a right of appeal through MR and then HMCTS. Not sure how it would work out in practice if PIP was refused, AA awarded and then PIP reversed but in theory it sounds possible.

leftholdingthebaby123

Thanks for your reply calcotti.  What does HMCTS mean?  So am I right in thinking that if PIP was refused and he appealed through MR and HMCTS, whilst awaiting a decision, do the DWP automatically send the PIP application to AA.

poppy12345

leftholdingthebaby123 said:

Thanks for your reply calcotti.  What does HMCTS mean?  So am I right in thinking that if PIP was refused and he appealed through MR and HMCTS, whilst awaiting a decision, do the DWP automatically send the PIP application to AA.

HMCTS = Her Majesty's Courts and Tribunal Service. No, they won't automatically send anything to AA if the PIP was refused.

calcotti

poppy12345 said: No, they won't automatically send anything to AA if the PIP was refused. 

Any PIP application for someone of pension age is supposed to be treated as an application for AA if it refused. 
https://www.gov.uk/government/publications/personal-independence-payment-fact-sheets/pip-handbook

DLA claimants who have turned 65 after 8 April 2013
"If an existing DLA claimant claims PIP after they have turned 65 and receives a nil award, their claim to PIP will automatically be treated as a claim to Attendance Allowance. They will not have to make a separate claim although they may be asked to provide further information."

(Covered earlier in this thread but without post numbers it's impossible to refer back to earlier posts!)