PIP at 67 years

Complex situation, client in receipt of DLA HR Care + Mob, in May invited to claim PIP, at same time her Mother passed away. Mum had done everything for her for most her adult life. No one actioned the transfer to PIP now DLA stopped. We came in 4 months after the DLA was stopped.

A little research I found out if less than a year had passed since DLA stopped, and claimant was under 65 yrs pre April 2013 then we can re claim Under Reg 27 (TP). My problem is that I cannot get anyone to take the claim, so it looks like the MP. So could someone confirm I am right before I embark on this route. Or alternative strategies welcome.

The down side is her Son who struggles himself with paper work is currently having to pay NDD on HB + CTB. So a claim for AA would be far quicker and help their current circumstances in a much shorter time. Unfortunately this would leave her £57 pw (Mob) worse off.

I think you are correct and decision makers guide at P5108 supports this…

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/534976/admp5.pdf

Tactically, I would write to

Personal Independence Payment New Claims
Post Handling Site B
Wolverhampton
WV99 1AH

quoting above, client’s details + intention to claim. They should send your client a PIP1 form (which asks for same info they usually take verbally on claim line) and accept claim made as date that letter received.

Receipt of AA doesn’t appear to be a bar to Pip being awarded or claimed.  It’s the receipt of AA which is not legally compatible with Pip.  If client was awarded AA and subsequently awarded Pip, it seems it’s the AA that would have to be either superseded or revised and the Pip which would continue.

Thanks folks that is very helpful, it creates options for me when I discuss the way forward with the claimant