DLA/PIP UTTER CONFUSION!

beautifulbella

I am 71 yrs old. I first claimed DLA care & mob in around 2000 ( high mob/low care). In 2010 we moved to France to give our disabled son a better chance of a good life (long explanation). We returned in Sept 2021 as my Husband had suffered a stroke and we could not cope. As per DWP protocol my Mobility component was stopped when we moved abroad as it is not exportable. Upon our return I was advised by CAB that I could request the mob component be reinstated as my entitlement had not ended. I have been in communication with DWP & DWP Exportability since last December.(2021). In all this time I have not had one letter of explanation, just the forms they said I needed to complete. The only communication has been by me ringing them up. First I was told my request, which included a request to review my present care component as I had become much worse since 2000 (and before the age of 65) both care wise and mobility wise. I duly completed the DLA forms. Waited several months, rang to be told it should be PIP I claim for. Duly returned the forms, waited a couple of months to be told today that, due to my age I cannot claim PIP. They had ALL my info in front of them on all occasions....how is a person supposed to deal with this sort of incompetence? I was told by the person who answered the phone today that as I am already in receipt of DLA care component that I should "not rock the boat!!! I  have still never received anything in writing as to whether or not my claim has been successful. In a nutshell I am asking if my care needs can be re-assessed as I am much much worse than I was when first awarded and is it possible to have my previously awarded Mobility component re-instated. Sorry for the long post!

poppy12345

Who ever told you that you can't claim PIP because of your age is not correct. As you were born after April 1948 then any changes mean you'll need to claim PIP. See link.

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/before-claiming/if-you-get-dla/

Alice_Holt

Since your original mobility award (and health conditions) predated your SPA, it should be possible to get it reinstated.
Normally the mobility component cannot be changed after SPA, however this can be overridden when the health conditions existed before SPA.

I'd suggest involving your MP to get a sensible response from the DWP.  

peteuk

poppy12345 said:

Who ever told you that you can't claim PIP because of your age is not correct. As you were born after April 1948 then any changes mean you'll need to claim PIP. See link.

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/before-claiming/if-you-get-dla/

Asking for understanding
Although the link itself states 
“ If you’ve reached State Pension age and your DLA ended more than a year ago, you can’t claim DLA or PIP.”

I thought that the upper age limit for PIP is 64, however if you claim PIP before this you can continue to do so.  Surely in the OP situation when they moved to France their DLA stopped, Returning to the UK 11 years later, and over the age of 65.

Or is it because only the mobility aspect was cancelled, thus not all the DLA was cancelled.

TIA.

Spoonie_Turtle

peteuk said:

poppy12345 said:

Who ever told you that you can't claim PIP because of your age is not correct. As you were born after April 1948 then any changes mean you'll need to claim PIP. See link.

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/before-claiming/if-you-get-dla/

Asking for understanding
Although the link itself states 
“ If you’ve reached State Pension age and your DLA ended more than a year ago, you can’t claim DLA or PIP.”

I thought that the upper age limit for PIP is 64, however if you claim PIP before this you can continue to do so.  Surely in the OP situation when they moved to France their DLA stopped, Returning to the UK 11 years later, and over the age of 65.

Or is it because only the mobility aspect was cancelled, thus not all the DLA was cancelled.

TIA.

DLA didn't stop, only the mobility component was not payable because they moved abroad.

poppy12345

peteuk said:

I thought that the upper age limit for PIP is 64, however if you claim PIP before this you can continue to do so.  Surely in the OP situation when they moved to France their DLA stopped, Returning to the UK 11 years later, and over the age of 65.

That's not correct. The upper age limit is state pension age, which is now 66. https://www.gov.uk/pip/eligibility

Also as stated in the link i provided DLA is ending for everyone that was born after April 1948 so any changes reported would mean a claim for PIP. This includes the OP because even though they are now above state pension age, they were born after April 1948.

OP's DLA care part didn't end, it continued while they lived in France only the mobility part ended.

peteuk

@poppy12345 @Spoonie_Turtle

Thank you for the clarification, my comment was for my understanding, rather than advice to OP or others.  Having never claimed a benefit (have worked as PIP assessor for a short period) I find such things so complicated, so happy to be corrected.