PIP vs Attendance Allowance

tractorgirl1

Hello there,

My mum has received a letter saying she doesn't qualify for PIP. This has come as a bit of a shock as she is 66, has suffered from schizophrenia most of her life and my dad has been a full time carer for her and does most things for her.

Although PIP is designed for under 65s, she still was offered to apply for PIP as she was previously on DLA. I'm just wondering if instead of appealing the decision, if it might be better off just applying for Attendance Allowance instead? From the research I've done it appears Attendance Allowance is less invasive and a face to face interview might not be mandatory. The face to face element of the PIP has caused my mum a lot of anxiety and has caused her to go into relapse

Or could she appeal her PIP AND apply for Attendance Allowance at the same time? Obviously not with the intention of having both (that's not allowed), but trying to hedge her bets whilst she now loses her DLA and a possible AA claim being backdated.

Thanks for any advice you can offer.

poppy12345

With Attendance Allowance there's no mobility award like there is with PIP. They are different benefits with different criteria. AA is about the care you need during the day and/or night.

Take a look at this for the PIP claim, it helps to have more of an understanding of the PIP descriptors and what they mean.

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

If you think she qualifies for PIP then i'd advise requesting the MR then Tribunal.

calcotti

tractorgirl1 said: Although PIP is designed for under 65s

PIP is for people below State Pension age which is higher than 65.

tractorgirl1

calcotti said:

tractorgirl1 said: Although PIP is designed for under 65s

PIP is for people below State Pension age which is higher than 65.

I understand this, however she IS on a State Pension, she migrated to it about 6 months ago and has only been asked to migrate from DLA to PIP in January. How invasive is a potential tribunal? This whole process has made her mentally very ill due to the anxiety, I just want to go down a road that is as painless as possible for her mental well-being.

poppy12345

Most MR decisions remain the same so she should expect to have to take to to Tribunal because most do.

Appearing in person will give the best chance of a decision in her favour, although at the moment Tribunals are not doing any face to face hearings. How long this will last i have no idea. However, waiting times for hearings are normally huge and some are waiting up to a year for a hearing date. Whether C19 will affect this, i don't know.

There's also no guarantee that a claim for AA will be successful either. What she decides to do will be her decision.

Robbie64

How long is it since her DLA was last reviewed? Do you have a copy of the last DLA form she completed? The reason why I ask is that the criteria for the middle and higher rate of DLA is similar to the criteria used for the two rates of AA (this is because DLA replaced AA - and Mobility Allowance - for claimants under 66 back in 1992 but the criteria used for the middle and higher rate of care is much the same as for AA) . If your mum has the DLA form she could use that as the basis for an AA claim. As mentioned above though there is no mobility component in AA so if she was getting the mobility component in DLA she has a variety of choices:

1. Ask for a MR of the PIP decision for both care and mobility and don't claim AA

2. Complete an AA appllication form while pursuing a MR of the PIP decision. It is possible to get AA and PIP, the latter for the mobility component. I believe that the AA claim will trump the PIP daily living award if the MR or appeal is successful.

3. Complete an AA application form and do not pursue a MR of the PIP claim. This only works to your mum's advantage if there was no mobility component payable in DLA and if your mum thinks she would get AA but not PIP daily living or would get AA at a higher rate.

calcotti

It occurs to me that if your mum was already 65 when the PIP claim was started then when the PIP was refused your mum should automatically have been assessed for AA.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/861844/PIP-handbook.pdf
page 20

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.

If she wants to pursue AA may be worth contacting the DWP to ask about this (and quote this reference at them if needed).

What DLA was she previously getting?