Claimant now 65 - DLA paid by N Ireland - can he be reassessed for PIP

I had an interesting query raised on a PIP training course I delivered yesterday and wondered if anyone knows the answer -

Claimant is on low rate care DLA and has been for about 7 years. The benefit is paid by Northern Ireland although he lives here now. He is currently 65.

He had a stroke 5 months ago and his needs have increased substantially. If he notifies a change of circumstances what will he be assessed for? Obviously if he was paid by the DWP he would be reassessed for PIP and this could include being assessed for the mobility I believe because he was under 65 on April 8 2013 - reg 27 of PIP transitional regs.

But PIP doesn’t exist in N Ireland so would he be reassessed for DLA care component only?

Can he transfer his claim here and then be reassessed for PIP?

Any thoughts?

I think the answer to this is in the PIP Transitional Regulations: http://www.legislation.gov.uk/uksi/2013/387/regulation/2

All of the reassessment stuff refers to people who get disability living allowance. That (and some other relevant definitions) is defined in regulation 2 as follows:

“the 1992 Act” means the Social Security Contributions and Benefits Act 1992
[...]
“disability living allowance” means the benefit known by that name that is provided for in sections 71 to 76 of the 1992 Act;

“DLA entitled person” means a person aged 16 or over who is entitled to either component or both components of disability living allowance;

As this person’s DLA is not the benefit provided under sections 71 to 76 of the SSCBA 1992 but rather under some NI legislation then I think they can’t be caught by the PIP system.

Hope that helps.

Martin

It does help Martin - thanks - but this guy wants to get caught by the PIP system because then he can be assessed for mobility despite being over 65 - as he was under on 8 April 2013. Do you think there is any way he can transfer to the DWP so that he can migrate to PIP?

i cant wait until we get disability benefits devolved in scotland and people start moving across borders.  what a laugh that is going to be for us all.