End of DLA award for a child under 16, three months before his 16th birthday

Hi,
I’m sorry if this is a really simple query! A 15 year old client has been awarded at Tribunal DLA until March 2014, which is 3 months before his 16th birthday. Does this mean:

1) we will have to do a DLA renewal for the 3 month period of March-June 2014, when he turns 16 followed immediately by a PIP claim for when he reaches his 16th birthday?

2) Or, is there any scope that a DLA claim renewal for March 2014 would be extended until the child is 17/18 rather than the child have to transfer over to PIP immediately at 16 (as some colleagues believe they may have read)?

3) If it looks as though there will be a 3 month gap between the end of the DLA claim and the claim for PIP, is there any means by which I can have the award extended up to the boy’s 16th birthday if there is no error of law upon which to appeal?

Thank you,

madi

Hi Madi

I don’t think this young person will be reassessed under PIP as soon as they turn 16.

Regulation 3(3) of the PIP (Transitional Provisions) Regs state that where a young person turns 16 after 6/10/13 they must (unless claiming under special rules) be invited to claim PIP as soon as reasonably practicable after their birthday. 

However sounds like your client will turn 16 before that date.

Given this it looks like the DLA renewal award should run on for some time before he is eventually re-assessed under PIP. In fact DWP factsheet “Supporting young people to claim PIP”, suggests that those turning 16 before 6/10/13 will be invited to claim PIP “when their next DLA award is due to end or, if this date is after October 2015, when DWP invite the bulk of DLA claimants to claim PIP.” See first para on page 2 of http://www.dwp.gov.uk/docs/pip-toolkit-factsheet-013-supporting-young-people.pdf