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Forum Home  →  Discussion  →  Disability benefits  →  Thread

DLA and PIP after age 65

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unhindered by talent
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Aberdeenshire Support and Advice Team

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Just to add to the confusion, I am wondering if the info in this document still applies, namely this paragraph

‘We have also added an important safeguard which means that anyone being
assessed for the first time for PIP who at the time when they are assessed is
aged 65 or over will be able to access the daily living and the mobility
component of PIP at either the standard or the enhanced rate without the
normal age restrictions applying. This means that some people may be able
to access the mobility component for the first time, even if they were aged 65
or over at the point they are assessed.

PIP will not be available to new claimants who are over the upper age limit
(age 65 or State Pension age, whichever is higher), except where they had a
previous claim to PIP or DLA which ended within the last 12 months or where
they applied before that age, but that claim was not decided. Anyone making
a new claim over the upper age limit will instead need to make a claim for
Attendance Allowance. “

Taken from https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/180958/pip-briefing-people-over-65.pdf

Phil R
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I’m aware that a claimant can’t get a mobility award once they turn 65. However, if they are already in receipt of low rate mobility, can they be reassessed for the higher rate if their mobility worsens?

unhindered by talent
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No. Unless you can prove the mobility issues started before 65 (assuming you’re speaking about DLA)

[ Edited: 28 Jun 2019 at 03:14 pm by unhindered by talent ]
Phil R
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His mobility issues started before he was 65 and he was awarded lower rate DLA mobility and middle rate care. He is now 72 and uses a wheelchair. So no chance of the award being increased?

Stainsby
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Going back to DLA (mob) plus attendance allowance, I don’t think it is possible.

Sch1(7) of the DLA Regs provides that a person entitled to the mobility component of DLA may on supersession after the age of 65 be awarded the care component of DLA (but only at the middle of high rate ) if the conditions for entitlement are satisfied

The Tribunal of Commissioners hearing R(IB)2/04 held at [146]

We agree with the parties that, since an award of disability living allowance is an award of one benefit, albeit consisting of two components, a purported application for renewal of a component which has been awarded for a fixed period must, where the other component has been awarded for an indefinite period, be treated as an application for supersession of the award as a whole (i.e. in respect of both components). Regulation 13C(1) of the Social Security (Claims and Payments) Regulations 1987, which provides that “a person entitled to an award of disability living allowance may make a further claim for disability living allowance during the period of six months immediately before the existing award expires”, cannot in our judgment apply to this situation, because the existing “award” will not expire when the entitlement to the component which has been awarded for a fixed period ceases. That is in our view the case even where the two components were first awarded by separate decisions. The renewal claim pack submitted by the claimant on 21 July 2000 was therefore necessarily an application for supersession. We would point out, however, that that would have been the case even if it had been possible for the claimant to apply for renewal of her award of the mobility component. The claim pack claimed substantial day and night care needs, and was therefore seeking an improved award of the care component

S63((1) and (1A)  of the SSCBA provide that a person shall not be entitled to attendance allowance if he is entitled to personal independence payment or the care component of DLA

A claim for attendance allowance may be treated as a claim for DLA (Reg 9(1) and Sch1 Social Security (Claims and Payments) Regs), but as the Tribunal of Commissioners held in R(IB)2/04 any such purported claim will take effect as a supersession of the existing award..

The person will then be entitled to both components of DLA he was aged over 65 on 8th April 2013

[ Edited: 28 Jun 2019 at 07:50 pm by Stainsby ]
unhindered by talent
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Phil R - 28 June 2019 03:46 PM

His mobility issues started before he was 65 and he was awarded lower rate DLA mobility and middle rate care. He is now 72 and uses a wheelchair. So no chance of the award being increased?

I honestly don’t know. I did once get mobility component for somebody over 65, however they were only 66 and there was good evidence from the OT and social worker that his mobility was severely compromised before age 65. I’m not sure if it would be possible to get an award of HRM so long after.

Mike Hughes
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68 was my best. Would be interested to know if others have managed beyond that and what it took. My 68 year old was fairly scandalous as there was simply enough with the original DLA form and accompanying evidence to have awarded from the off. It’s rarely that clear cut though and the passage of time takes its toll on the evidence.