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DLA or PIP
Cl was on DLA and her award was due to end sometime in September of this year - she didn’t know the exact date. Was sent a DLA renewal pack and returned this, but it is questionable if they actually recievd this prior to her previous award ending. No decision has been made on the DLA renewal and she has now been sent a PIP claim pack to complete.
My hunch is that because her previous award was due for renewal prior to 28/10 (the date they have started transferring existing DLA claimants in Nottingham) the DLA could theoretically be reawarded on renewal, but only if she got the renewal pack in on time. If her DLA claim ended prior to her renewal pack being recieved then she will count as a ‘new’ claimant and will have to claim PIP.
Am I correct?
Have a similar case. Client’s award of DLA came to an end 10/10/13, and for health reasons, she didn’t submit the renewal claim pack until 01/11/13. Contacted DCS and has been told that he claim is being treated as new claim for PIP.
I’m not sure that there is much we can do to remedy now, anyone have any ideas if we could argue that it should be treated as DLA still as well as being a continuous claim? Client says she spoke to DCS staff but can’t see this gets over the basic problem that DLA award had expired by the time she submitted new claim pack.
My client seems to think she did get the renewal pack back in time but they are not only insisting she claims PIP but have stopped her DLA. Theoretically she should do better under PIP but meanwhile she has nothing - I thought they were meant to be continuing DLA payments until the PIP process was complete?
Making it up as they go along, perchance?
My client seems to think she did get the renewal pack back in time but they are not only insisting she claims PIP but have stopped her DLA. Theoretically she should do better under PIP but meanwhile she has nothing - I thought they were meant to be continuing DLA payments until the PIP process was complete?
Making it up as they go along, perchance?
As I understand it, the provision to continue a DLA award pending a decision on a PIP claim only applies in reassessment cases, i.e. where the DLA claimant has been notified their award is to end and that they must claim PIP, under the Transitional Provisions regs. If the DLA award terminated on its due date (and the renewal forms had not been received before that date) I think they are correct to say that the claimant has to make a new claim and that from April or June (depending on where the claimant lives) that now has to be a claim for PIP. Unless she can persuade them to accept the renewal form was received before the award terminated.