69 year old man on low rate DLA
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That link doesn't work for me.
Interesting briefing on mobility benefit issues for pensioners here https://researchbriefings.files.parliament.uk/documents/SN07160/SN07160.pdf0 -
Thanks for the link. I notice that the document I linked to is also referred to on page 4 in the briefing paper.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
I've always assumed that the DLA to PIP conversion exception which allows people aged 65+ to be awarded a mobility component was done on the grounds of fairness. As it was expected that most people would move from DLA to PIP under managed migration it would be unfair to penalise anyone with mobility problems who was aged under 65 on 08/04/13 (the start date for PIP) but who may have turned 65 when it was that person's turn to be invited to claim PIP.0 -
It's working fine for me.poppy12345 wrote: »That link doesn't work for me.
Try to see if you can download the report from the report summary page
https://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN07160#fullreport0 -
Well done Robbie64 saved me the time hunting for that very info.
Good job people looking for advice realise not to trust everything said here and double check elsewhere.0 -
Thanks to everyone who corrected me. I have amended my earlier posts to reduce risk of misleading anyone reading this thread in the future. My apologies to OP for giving incorrect information.I've always assumed that the DLA to PIP conversion exception which allows people aged 65+ to be awarded a mobility component was done on the grounds of fairness. As it was expected that most people would move from DLA to PIP under managed migration it would be unfair to penalise anyone with mobility problems who was aged under 65 on 08/04/13 (the start date for PIP) but who may have turned 65 when it was that person's turn to be invited to claim PIP.
It of course creates a different unfairness in that these late transfer claimants now have access to a mobility award (which they would not have had if they were staying on DLA) and have had more years in which to develop relevant health issues. No doubt when they wrote the legislation, in usual optimistic fashion, they didn't anticipate that they would still be dealing with transfers in 2020. (I have no idea what the current anticipated completion date is.)
Haven't managed to find the relevant guidance in Advice to Decision Makers or Decision makers Guide but no doubt it's there. The relevant regulation for the age exception is regulation 27 of The Personal Independence Payment (Transitional Provisions) Regulations 2013.
For the OP, I have found confirmation that, in these circumstances, if a PIP claim is refused with a nil award then the claim should be treated asa claim for AA without a separate claim being required..
https://www.gov.uk/government/publications/personal-independence-payment-fact-sheets/pip-handbookDLA 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.
Thanks again to all.Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.0 -
A big thank you to each and everyone of you for all your advice. There's so much to take in, but having read it through slowly, I understand that if his migration to PIP is a nil award, his claim will be automatically treated as a claim for AA.
I am going to offer him options as I don't want to get the blame if his DLA is stopped completely, so just a couple of more questions please.
His original DLA was for high rate personal care and high rate mobility, this was reduced in 2014 to just low rate care after a health care assessment and he didn't appeal. The assessment terrified him, and I have heard many horror stories of these assessments. BTW, he's only recently told me about all this as he's a very private person.
In everyone's opinion, should he apply for PIP now rather than waiting for the 'migration' letter, or should he wait and stay on low rate personal care DLA. I'm not sure how much recent medical evidence he has to hand to support his PIP claim, but I do know that he is in a lot of pain.
Also, if his PIP award is just granted for low rate personal care, should he appeal to try and get it overturned to High Rate personal care and also get the Mobility component or will it automatically be treated as a claim for AA if he is given a low rate care on PIP? That's what I'm reading from calcotti's reply, although, as I said, it's a struggle to understand how disability benefits work. And yes, the DWP didn't anticipate that the migration would still be going on in 2020.
Once again, many thanks to everyone.0 -
That has to be a judgement based on how his medical conditions affect him and his state of mind in dealing with the process. By its nature there isn't a definitive answer.leftholdingthebaby wrote: »In everyone's opinion, should he apply for PIP now rather than waiting for the 'migration' letter, or should he wait and stay on low rate personal care DLA. I'm not sure how much recent medical evidence he has to hand to support his PIP claim, but I do know that he is in a lot of pain.
PIP has Daily Living and Mobility components. There is no low rate for Daily Living, only standard and enhanced rates (equivalent to mid and high rates of DLA Care).leftholdingthebaby wrote: »Also, if his PIP award is just granted for low rate personal care, should he appeal to try and get it overturned to High Rate personal care and also get the Mobility component or will it automatically be treated as a claim for AA if he is given a low rate care on PIP?
As I read it, the PIP claim will only be treated as a claim for AA if no PIP award is made.Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.0 -
Thanks Calcotti, so given the worse scenario, he is currently on Low Rate Personal Care DLA, if he gets awarded Standard Rate PIP, he would be better off with Standard Rate PIP which as you say is the equivalent to mid rate DLA Care. Am I correct?0
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Yes, that's correct.leftholdingthebaby wrote: »Thanks Calcotti, so given the worse scenario, he is currently on Low Rate Personal Care DLA, if he gets awarded Standard Rate PIP, he would be better off with Standard Rate PIP which as you say is the equivalent to mid rate DLA Care. Am I correct?
As for whether he should apply or remain on DLA until he's invited, only he can make that decision. Do be aware though that DLA and PIP are different benefits, with different criteria.0 -
Hi, I'm back again for advice relating to this 69 year old man and his wife. If I need to open another post please tell me as it's about a different subject.
His wife phoned me in floods of tears yesterday saying they had received a letter from the DWP informing them that their pension credit was being reduced by £400 to just £4.
She told me that the 69 year old husband took out his 2 pensions in 2016 which paid them a total monthly pension payment of £400. Sadly, they did not realise that they should have informed the DWP of these private pension payments. I understand that ignorance is not an excuse in law, but they genuinely did not realise they should have declared the pensions.
She told me that the DWP are sending the case to the fraud department. What is the threshold for taking people to court and do they take into consideration mitigating circumstances. I have tried to reassure them and to wait until they hear from the fraud department. In a worst case scenario, should they instruct a solicitor?
They are struggling for money, especially after the man had his DLA cut from high rate mobility and high rate care to low rate care, live in their own house on a Interest only mortgage which they will never own. They took out a second interest only mortgage - I don't know when, as their finances are in dire straights. The house is worth around £160,000 and the 2 Interest only mortgages outstanding are around £112,000, so they have about £50,000 equity.
Then she tells me that they have about 3 credit cards amounting to around £23,000. Worst case scenario, do credit cards take debtors to Court and could they apply for a Charging Order, and if they can, are they then able to get a Court Order for eviction? I can signpost them to organisations for an Income and Expenditure and to make a token payment, but I am worried that they could eventually be evicted, however, I think that only happens if you miss paying the Court Order a creditor can apply for an eviction order.
The couple are both severely ill, he's on anti-depressants and a lung condition. She has recovered from cancer.
Any advice to help these people would be very much appreciated, I understand that they have to wait until the hear from the fraud department.0
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