69 year old man on low rate DLA

leftholdingthebaby · 14 January 2020 at 3:38PM

I am writing this post for an elderly family friend. He was on DLA High Rate Care and Mobility Lifetime Award. In 2014 he had a re-assessment of his DLA, was visited by a 'Health Care Professional' at home and had his Mobility completely removed and his High Rate Care downgraded to Low Rate Care. I do know that Lifetime and Indefinite Awards have been scrapped, but he did not appeal as he didn't know how to and I have only been told about this today.

He's now 69 and is really struggling, can anyone please advise what he should do, is he able to ask for a re-assessment of his DLA or will he be migrated onto PIP. I know he can't apply for Attendance Allowance as he is receiving Low Rate Personal Care DLA.

Any suggestions gratefully received. Thank you.

poppy12345 · 14 January 2020 at 4:17PM

leftholdingthebaby wrote: »

I am writing this post for an elderly family friend. He was on DLA High Rate Care and Mobility Lifetime Award. In 2014 he had a re-assessment of his DLA, was visited by a 'Health Care Professional' at home and had his Mobility completely removed and his High Rate Care downgraded to Low Rate Care. I do know that Lifetime and Indefinite Awards have been scrapped, but he did not appeal as he didn't know how to and I have only been told about this today.

He's now 69 and is really struggling, can anyone please advise what he should do, is he able to ask for a re-assessment of his DLA or will he be migrated onto PIP. I know he can't apply for Attendance Allowance as he is receiving Low Rate Personal Care DLA.

Any suggestions gratefully received. Thank you.

It is too late to do anything about that decision now because it's exceeded the 13 months deadline.

DLA no longer exists for those that were 65 and under on 8th April 2013 because PIP has replaced it. As he would come under that age bracket because he's 69 then he will be one of those that will be invited to apply for PIP BUT they are ridiculously behind and lots of people are still waiting to be invited.

Reporting a changed of circumstances now would mean he will need to apply for PIP.

PIP and DLA are different benefits with different criteria. Evidence will be needed to support the claim and a face to face assessment is most likely. DLA would continue until a decisions been made on the PIP, providing the forms are returned on time. See links.
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/before-claiming/if-you-get-dla/

https://www.moneyadviceservice.org.uk/en/articles/personal-independence-payment-an-introduction

https://www.citizensadvice.org.uk/Global/Migrated_Documents/adviceguide/pip-9-table-of-activities-descriptors-and-points.pdf

leftholdingthebaby · 14 January 2020 at 5:43PM

Thank you so much Poppy for the reply.

Just so I can get my head around this, will he eventually have to migrate over to PIP anyway?

If that is the case, then he may as well make a claim for it - if he did that, would his DLA continue to be paid until a decision was made?

Many thanks.

poppy12345 · 14 January 2020 at 7:28PM

Yes he would eventually be invited to apply for PIP. Providing the PIP forms are returned on time then his DLA will continue until a decisions been made on the PIP.

leftholdingthebaby · 15 January 2020 at 1:02PM

Thank you so much Poppy for all the advice. So now I understand that he will eventually be invited to migrate to PIP, should he apply now rather than waiting, in your opinion? Also, if he applied for PIP himself (without waiting for the migration invite) and returns the forms within the time limit, will he continue to get his current DLA paid? Sorry for all the questions.

calcotti · 15 January 2020 at 1:18PM

leftholdingthebaby wrote: »

Thank you so much Poppy for all the advice. So now I understand that he will eventually be invited to migrate to PIP, should he apply now rather than waiting, in your opinion? Also, if he applied for PIP himself (without waiting for the migration invite) and returns the forms within the time limit, will he continue to get his current DLA paid? Sorry for all the questions.

I think the best way to do it is to contact DLA and say that he wants his DLA reassessed due to a deterioration in his health. He will be told he can't do this and will have to apply for PIP and he will be sent the forms to do this.

poppy12345 · 15 January 2020 at 1:21PM

leftholdingthebaby wrote: »

Also, if he applied for PIP himself (without waiting for the migration invite) and returns the forms within the time limit, will he continue to get his current DLA paid? Sorry for all the questions.

As previously advised, his DLA will continue.

Spoonie_Turtle · 15 January 2020 at 1:29PM

poppy did mention it but I just want to sound the warning that PIP and DLA have different criteria. It may be best to study and understand the PIP criteria, descriptors and key concepts (such as reliably, safely, repeatedly, in a timely manner) in order to prepare before triggering the PIP application, as the time limit given with the PIP forms probably isn't enough to do that as well as fill it in.

poppy12345 · 15 January 2020 at 1:32PM

Spoonie_Turtle wrote: »

poppy did mention it but I just want to sound the warning that PIP and DLA have different criteria. It may be best to study and understand the PIP criteria, descriptors and key concepts (such as reliably, safely, repeatedly, in a timely manner) in order to prepare before triggering the PIP application, as the time limit given with the PIP forms probably isn't enough to do that as well as fill it in.

Thanks and very good point. Good place to start with that is here.

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

calcotti · 15 January 2020 at 2:00PM

[STRIKE]Additional point to note when looking at PIP is that he will only be considered for the Daily Living component. He cannot be considered for the Mobility component because he is pension age.[/STRIKE]
If the DWP refuse PIP I believe they should consider whether he might qualify for AA instead.

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.

poppy12345 · 15 January 2020 at 2:51PM

calcotti wrote: »

Additional point to note when looking at PIP is that he will only be considered for the Daily Living component. He cannot be considered for the Mobility component because he is pension age.
If the DWP refuse PIP I believe they should consider whether he might qualify for AA instead.

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.

69 year old man on low rate DLA

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