Previous scoring system for DLA

I have a client who is transitioning from DLA to PIP but I cannot find away of comparing the activities does anybody know where I can find this information .Many Thanks

It’s not a like for like comparison. Both benefits are trying to measure disability but by very different routes. It isn’t generally possible to draw a direct equivalence between entitlement to one or the other, beyond saying that if someone has gone from getting a lot of DLA to getting no or very little PIP, something might well have gone wrong.

For example, high rate care for DLA was generally awarded based on an accumulation of daytime and nighttime needs - whereas nighttime needs are almost irrelevant to the PIP assessment and enhanced daily living could easily be achieved with no nighttime needs at all. Another one is that people whose only or major condition is uncontrolled epilepsy used to be limited to getting low rate mobility under the guidance and supervision criterion, whereas now they will generally either get enhanced mobility under descriptor 1f or nothing at all.

A table at paragraph 10 of the decision in CH & KN v SSWP (PIP) [2018] UKUT 330 (AAC) tries to set out the broad similarities
https://assets.publishing.service.gov.uk/media/5bdd64a2e5274a6e1a5ad6bb/CPIP_2307_2017-02.pdf

Thanks for that very helpful.

Elliot Kent - 03 September 2019 07:34 PM

For example, high rate care for DLA was generally awarded based on an accumulation of daytime and nighttime needs - whereas nighttime needs are almost irrelevant to the PIP assessment and enhanced daily living could easily be achieved with no nighttime needs at all.

Whilst PIP DL can be achieved with day time needs only I would take issue with “almost irrelevant” and assume that’s not really what you meant Elliot.

Absolutely relevant to the 50% test, reliably etc. The problem is that the PIP claim pack no longer makes the distinction. Most definitely relevant to 2, 6, 8 and 9 when it comes to sensory impairment as there are often significant differences between what someone can do in good daylight and what they can do in poor/low light and darkness and not just, for example, for people with Nyctalopia. I’d go as far as to turn it around and say I’ve had one client who qualified for DL on night time needs alone. Also very relevant to mobility in terms of planning and following.

Yes Mike - the intent of my post was just to make a broad point about the differences in the schemes and wasn’t intended to be very precise.

My suggestion would not to get concerned about the DLA rules as it is the PIP ones that are relevant. I’d only be thinking about the DLA as a kind of ‘sanity check’ to make sure I’ve not missed anything e.g. when your initial assessment is that claimant is not qualifying when they were previously getting an award (esp if it was at MR/HR Care or HRM).

Elliot Kent - 03 September 2019 07:34 PM

A table at paragraph 10 of the decision in CH & KN v SSWP (PIP) [2018] UKUT 330 (AAC) tries to set out the broad similarities
https://assets.publishing.service.gov.uk/media/5bdd64a2e5274a6e1a5ad6bb/CPIP_2307_2017-02.pdf

There’s also some specific discussion of the SSWP’s view of the relationship between the main meal test and the lower rate mobility component of DLA and PIP DL activity 1 and mobility activity 1 in NW v SSWP [2019] UKUT 150 (AAC) - in the context of when it may be appropriate to seek DLA evidence in a PIP case (paras 10-12).

Hi .. just to let you know that we’ve edited this thread to remove contributions that had sent the discussion off-topic, and to refocus it on the original question posed by Willow.

Apologies for any inconvenience.

Cheers - Shawn