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More DLA -> PIP problems

SamW
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Lambeth Every Pound Counts

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Total Posts: 430

Joined: 26 July 2012

Hello all - any suggestions regarding this situation would be very helpful.

Client is 65 years old and has been getting DLA LRC for various physical problems. Her last DLA award was made c.5 years ago and she has been gradually getting worse since.

Client called DWP on 29th May to report the worsening of her condition and to request a review of her DLA award.

DLA send out a form which states it must be returned by 26th June. This not possible (for the sake of argument I’m assuming she has good cause) and client calls DWP on the 26th to ask for more time. She is told that this will not be possible and is told to claim PIP instead. She is provided with the telephone number and starts a claim.

Our locality became a specified area on 23rd of June.

A few questions….

1) Client was 63 in April 2013 and so my understanding is that her DLA award would eventually have been converted to PIP, even if she had subsequently turned 65. By reporting a change now she has pre-empted this and so a PIP claim can be taken even though she is now over 65. Is this correct?

2)  In my opinion client reported her change of circumstance on the 29th May before we became a specified area. I’d then be looking at Reg 6(4) of SS&CS; Decisions and Appeals 1999(991). That gives the DWP the power to request further information (i.e. fill in a review form) within 1 month and then if that information is not received to “supersede…on the basis of the original application”. So on the face of it it seems DWP are right - the form was not returned within a month and so without further evidence a DM (in theory at least) decided that there was insufficient evidence to supersede the claim. By the time the client got in touch and in effect ‘re-reported’ her change on the 26th June our area had become a specified one. Two questions on this - firstly the regs state that the DWP can give a month or “such longer period as they may allow” and to me this suggests that the DWP could set a longer time period if they wanted but that you have no ‘good cause’ argument to say that they have a legal obligation to do this? Secondly when the decision maker looks at the case in the absence of further evidence and does not supersede is this an appealable decision confirming the original award or simply a decision to take no further action and let the original decision stand? My feeling is that it is almost certainly the latter but I thought I would ask.

3) Having gone through the above it seems to me to be very likely that client is going to be stuck with PIP. So my next two questions would be as follows. Firstly, is there any way to stop the change in circs process and simply remain on DLA until further down the line when she is migrated? Secondly, on DLA the client would have been able to request assessment of the mobility component providing she can show that she already had the mobility problems when she turned 65. As far as I can tell this is not the case for ‘normal’ PIP claims. What is the situation where the person concerned was on DLA when they turned 65 and are now being migrated - is there any form of transitional protection for them concerning this?

Thanks in advance for any thoughts

unhindered by talent
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Welfare Rights Team, Aberdeenshire Council

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Total Posts: 445

Joined: 18 October 2013

My understanding is that once she has initiated a PIP claim, no matter what the circumstances, she is no longer able to return to her DLA claim. If the DM had no evidence, my thought is that the decision not to supersede is an appealable one.  Quite happy to be corrected on this by wiser heads.