PIP or Attendance Allowance

Hi

It’s probably a straightforward question but haven’t done for a while so double checking….

Client is 65 yrs 10 months. Was on DLA and moved to PIP 6 months ago. He is on standard mobility and enhanced daily living. 3 weeks ago he broke his back. He has phoned PIP claim line and ordered PIP form as he wants to try and get high mobility.

Should he be claiming AA as he is over 65? or can he stay on PIP?

Any other considerations I should give this case?

Many thanks

Sharon

In short, don’t bother. Unless you can show that he qualified for enhanced mobility (ERM) before turning 65 (via a late change of circumstances report), then his maximum entitlement to the mobility component is fixed to the standard rate. If the change in his mobility needs is due to the broken back that intuitively looks like a hiding to nothing. See CPAG handbook p733.

Of course now he has requested a supersession, if he is sent a form and he doesn’t return it he risks losing his whole PIP award. Unless there is an argument to be made for ERM from before he turned 65, I would get in contact with PIP ASAP and try to convince them that there simply aren’t grounds to supersede his existing award and so they shouldn’t require him to return the forms. Good luck with that though, as anecdotally getting someone on the phone who recognises the word ‘supersession’ isn’t easy…

He should be advised that he needs to return the form and attend any assessment unless clearly told otherwise (preferably in writing), even though there is no chance of an increased award.

For completeness, he already gets more PIP than the higher rate of AA so there is no point whatsoever in considering AA (it doesn’t have a mobility component).

Jon

Hi Jon, many thanks for your response on this. Really helpful. Kind regards, Sharon