older people getting DLA after PIP comes In?

Once PIP is introduced, if we have someone who has been getting middle rate DLA care since they were 63, but after October 2013 say is then 66 and needs more care so they ask for a reassessment - what will happen?

Will they move onto highre rate DLA care, because anyone over 65 will stay on DLA; or
will they be reassessed using PIP criteria?

We are assuming that as someone over 65 on DLA care can get reassessed now (although any mobility award is fixed after they reach 65); then they will still be able to be reassessed for more care under the new system.

Any thoughts or views appreciated!

For now it appears that they will stay on DLA.

According to section 83, Welfare Reform Act.

(1)A person is not entitled to the daily living component or the mobility component for any period after the person reaches the relevant age. .
(2)In subsection (1) “the relevant age” means— .
(a)pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995); or .
(b)if higher, 65. .
(3)Subsection (1) is subject to such exceptions as may be provided by regulations.

According to the DWP gov site, FAQs:
“If you get DLA and are aged 65 or over on the day Personal Independence Payment is introduced you will not need to claim Personal Independence Payment and will be able to keep your benefit beyond the age of 65 so long as you continue to satisfy the qualifying conditions.
• We want to see how the assessment for the new benefit works for people of working age before deciding if Personal Independence Payment should be extended to people over 65.

http://www.dwp.gov.uk/pip – August 2012 “

They are only dealing with working age claimants to begin with.

My understanding of section 83 is that, once PIP is introduced, nobody over 65 (or over pension age) will be able to make a new claim for either PIP or DLA. what do other people think?

I assume they would still be able to claim Attendance Allowance, as apparently this is being retained. Though of course, it has no mobility component.

And does this mean that there could be a potential challenge for those who are under 65 on the day PIP is brought in,  but are then reassessed after reaching 65? As far as I can tell these people will be reassessed/‘invited to reclaim PIP’ as long as they were under 65 on day PIP introduced?

Under section 83 they do not actually qualify for PIP owing to age (and it is a new claim) and therefore could say that they should not be asked to claim something they can not qualify for, while a new claim for AA means would lose out on the mobility component…therefore they should argue that they should not be reassessed at all??

You do raise a valid point. Though, I seem to remember a directive that for those that are still 64 in April 2013 and 65 at a later date and are receiving DLA at any rate (the case I had was one that he had HRM & MRC), they would fall to be re-assessed under PIP before they do become 65. Those claimants have already been identified and will be in the first batch to be offered PIP even though they may have an indefinite award.

Provided that the offer to claim PIP is made by DWP before their 65th birthday, they will have to comply or lose out completely.
Yes I would agree that to offer PIP to someone that has reached their 65th birthday yet was 64 in April 2013 would seem not to be correct.

However I have no doubts that one way or another, even if they are 68 in June 2016 and were ‘called up’ in October 2016, but were 64 in April 2013 they will still fall within the PIP legislation.