PIP claim put in pending DLA appeal

Can anyone help with this? I think I may have the answer but I’m not sure.

I did a PIP claim with my client in October. It then transpired that she had an outstanding DLA appeal appending (no DLA awarded so no claim in payment). I was considering withdrawing the DLA appeal as I think she may have a better chance of PIP due to need for aids and adaptations and DLA may only be a low care award. However, I then checked the Transitional Provisions Regs. Reg 6 seems to say that you cannot put in a PIP claim while a DLA claim is under consideration. So therefore i think the PIP claim may be invalid although this has not been picked up. Am i right?

I am thinking to go ahead with the DLA appeal and if that is not successful then to see if I can get the PIP claim assessed from date I put it in and hope they don’t spot it - is that the best course of action

An appeal is not a claim so reg 6 doesn’t apply.  Regs 17(5) and 30 deal with situations where the DLA appeal is decided in the claimant’s favour before or after the PIP claim is decided.  Reg 30 also “applies the Regulations, with appropriate modifications” (see the explanatory note to reg 30) to treat the DLA claimant as a transfer claimant.  Of course, once the PIP claim is decided either way the DLA award stops under reg 17(1)(b).

Thanks nevip - really helpful - i was reading it as the appeal meant the DLA decision was still under consideration but I see from what you point out that it’s dealt with separately.

So basically if I leave them both running the DLA, if awarded, becomes a fixed period award that is either replaced by the PIP award, or if no PIP award is made, then the DLA stops 28 days after the payday after the PIP decision - have i read that right this time?!

That’s about it.