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Forum Home  →  Discussion  →  Disability benefits  →  Thread

PIP or DLA?

Patrick Hill
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Housing & Welfare RightsHARP/Assertive Outreach, manchester

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Total Posts: 55

Joined: 27 July 2010

Hello,

Telephone call today from a claimant who had a letter in March saying that their DLA claim was to end in June 2014.  The letter added that they would be in touch soon.  As time is getting short she telephoned Disability Living Allowance (DLA) who advised her that she must now make a claim to Personal Independance Payment (PIP).  Claimant is NOT in a PIP assessment post code area and she should have been sent a DLA renewal pack.  DLA are insisting that she must claim PIP.  We’ve come across this by chance and are wondering if it is happening to others too.  Or are we mistaken and that Manchester is now in a post code area and we didn’t know?

Any thoughts or information please?

Thank you.

Patrick.

Jane OP
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The National Autistic Society, Welfare Rights, Nottingham

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Hi,

I think she can reclaim DLA, as long as she does so before the June expiry date. I would suggest completing a standard DLA claim form and send it in with covering letter well before expiry date.

She could even use DWPs handy ‘check how PIP affects you’ tool to confirm it https://www.gov.uk/pip-checker 😊

Jane

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Until the DWP do the following she is entitled to make a renewal claim for DLA.

*Invitations to persons entitled to disability living allowance to claim personal independence payment
3.—(1) At any time after 6th October 2013, the Secretary of State may by written notification invite a DLA entitled person to make a claim for personal independence payment…..........

Form of notification inviting a person to claim personal independence payment
7. A notification to a DLA entitled person under regulation 3(1) inviting the person to claim personal independence payment must–
(a) explain that the person’s entitlement to disability living allowance will end if the person does not claim personal independence payment,
(b) state the date of the last day of the period within which the person should claim personal independence payment, that period being one of 28 days starting with the day that is the stated date of notification,
(c) tell the person how to claim personal independence payment,

and may contain such additional guidance and information as the Secretary of State considers appropriate.

* The Personal Independence Payment (Transitional Provisions) Regulations 2013

Patrick Hill
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Housing & Welfare RightsHARP/Assertive Outreach, manchester

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Joined: 27 July 2010

As always, most helpful comment.  I can now confirm that after a nudge or two from the claimant, who is now armed with the correct information, DLA have now conceded that they should have sent a DLA renewal pack.  They have assured the claimant that one will be sent post haste.  Even though a successful outcome to this enquiry, we are concerned that others might unknowingly find themselves in a similar scenario and will reach a DLA end date without making a new claim.  Perhaps worth keeping an eye out for?

Many thanks.

Patrick.

DWRS
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Durham County Council Welfare Rights

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Hi Patrick

I visited a client yesterday who was in a similar situation. She was contacted as her daughter was turning 16yrs after October 2013 so would need to claim PIP. As she is now not in a migration postcode the DWP have sent the following letter to her, which added even more to her confusion!!

I have attached the letter for you perusal. This came with a DLA renewal claim pack.

It seems the DWP where ahead of the mark advising clients that they would need to migrate to PIP and didnt have their crystal ball to foresee national rollout being dealyed.

Before I got had read the letter I rang both PIP and DLA and neither one was able to tell me which benefit should be claimed, even though it was pointed out to them that clt was not in a migration postcode. I was just told to get it in before the deadline and see what happened!!

Can PIP get anymore straightforward???

Kathryn

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geep
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WRO, housing management, Notting Hill Housing

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If someone has had a DLA claim in the last 12 months can they reclaim DLA instead of claiming PIP?

I thought I read this somewhere a few months ago but can’t find it now…

geep
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WRO, housing management, Notting Hill Housing

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Ah, I’ve jusy found it on the gov.uk website. I think it only applies if ‘you were 65 or over on 8 April 2013’.

I guess everyone else has to claim PIP if their DLA claim lapses, even if it was in the last 12 months?

Sharon M
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Derbyshire County Council

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We’ve had two referrals this month about the same thing. While Derbyshire is a PIP area for most, it’s not where the post code starts with S (which is the area we cover). My manager is going to bring it up at the PIP Implementation Forum in London on 15th Jan. In both cases DLA renewal forms should have been issued but claimant told to apply for PIP instead and DLA ended. One claimant lost his DLA last Feb and it hasn’t been replaced with anything. DWP have been adamant in both cases that they are right when clearly they’re not. Taken a helpful DWP manager to get this sorted and issue DLA renewal claim packs.


We’ve sent out a memo to all our social work and other staff to try and identify any other possible people. It seems the problem is DWP see Derbyshire in the address but don’t seem to realise that Derbyshire S postcodes are not included with the rest.