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Forum Home  →  Discussion  →  Disability benefits  →  Thread

DLA to PIP special rules

Damian
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Welfare rights officer - Salford Welfare Rights Service

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Total Posts: 211

Joined: 16 June 2010

Just had an enquiry from a Macmillan nurse concerning a client who was on DLA & nurse sent in DS1500. High rate PIP daily living has been awarded from 23rd Feb - seems to be on the basis of the delaying effect in the PIP transitional regs which I know has come up before. It will be a surprise if he is still around on 23rd Feb. Having had a look at reg 20 (5) and reg 3 (5) it seems that the transfer to PIP only happens where a “DLA entitled person” notifies the change of circumstances. Is there any mileage in arguing that since the nurse did the notifying this stuff doesn’t apply and they should have superseded his DLA instead? Or am I clutching at straws again?

Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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Joined: 17 June 2010

Peter Turville
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Welfare rights worker - Oxford Community Work Agency

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Joined: 18 June 2010

This is a regular issue as you will appreciate.

We advise / assist clients to contact their MP about the issue.

If client is willing this is also the sort of ‘human interest’ issue that local media (particularly local TV news) may well be interest in and give a ‘claimant friendly’ presentation of the issue. Of course clients need to consider the pros & cons of such ‘exposure’ including where there may be a direct social media links etc for viewers / readers to respond. I am still amazed by the vitiolic responses posted to items about such issues.

The more MP/media involvement the more likley the process is amended??