Fixed Term DLA Awards, “Renewals” and PIP Delays

Berwick CAB have not yet had any decisions on any of the PIP claims with which we have advised and assisted since it’s introduction in April 2013. Our longest outstanding new claim case is 8 months.

From 13 January 2014, our (TD) postcode meant that we would have no further renewal claims for DLA and we have now had the first of the cases that involve the transfer over of claims to PIP.

This gives rise to a major concern that an existing DLA fixed term award could expire before a PIP decision can be made to replace it and that there could in practice be a complete loss of disability benefit, associated premiums, Carers Allowance, exemptions from non dependant deductions, motability vehicles, etc.

Is anyone aware of any provisions, or statements of intention by the Government to make such provisions, to prolong DLA awards beyond the end date of a fixed term award until a decision on PIP can be made?
Campbell McCrea

Reg 19 of the PIP (Transitional Provisions) Regs 2013 gives the Secretary of State the power to extend DLA awards, but it is not an absolute duty.

I’ve just encountered my first similar case up in Edinburgh. I’ve been in touch with a DWP Partnership Manager about mine as I didn’t think my client should have been invited to transfer yet. The DWP have assured me that DLA will continue to be paid until PIP is decided in cases like these.

There is a “general power to extend” a fixed term award in these circumstances:
http://www.legislation.gov.uk/uksi/2013/387/regulation/19/made

Hopefully that will cover it, although it might be interesting to see what period the SofS would consider appropriate to extend the DLA award in such cases, given the NAO seem to think the average time from PIP claim to decision is 107 days. Our longest to date has been 10 months.

Many thanks for the helpful replies.

The discretionary aspect is concerning. It seems reasonable to expect DWP to extend DLA awards (under current circumstances), where PIP is claimed, but not determined; however, it seems too risky to rely on “reasonable”, so I think you are right in drwaing each case to the DCS’s attention. I have also asked MP to seek a more general assurance… ever the optimist.
Thanks again.
Campbell McCrea

This issue came up at our advice network meeting this morning. An extension of this issue is what happens if the DLA is extended until the PIP decision is made but the PIP award is higher. Is the difference between the two then paid to the client backdated to when they filled in the PIP form. We suspect not!