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Forum Home  →  Discussion  →  Disability benefits  →  Thread

DLA to PIP - is this a supersession

Ruth Knox
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Vauxhall Law Centre

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Apologies if I’ve overlooked something - I’m sure I have read a thread on case law and this issue before.  Is the migration process a supersession process, and is it incumbent on the decision maker to offer evidence, for instance, a decision that there is no entitlement to any PIP component following an award of the Middle rate of DLA care?  Is it reasonable to request the last DLA medical assessment?
Thanks Ruth

Elliot Kent
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The conversion process involves a new claim for PIP being made and isn’t a supersession.

It’s not necessary for there to be any evidence specifically directed to the question of why someone has gone from whatever rate of DLA to whatever rate of PIP. The entitlement conditions are completely different. A change in rates from DLA to PIP can be explained simply by the change in the law. That said, there is an obvious red flag raised when someone goes from high rates of DLA to no PIP.

Whether its reasonable or not, you can request the DLA report from the DWP. It might be relevant as evidence but it depends on the case.  There will be cases where both the DLA and PIP assessors agree entirely as to the extent of the disability but the result differs because of the change in law. Equally, there will be cases with totally contradictory DLA and PIP reports.

Ruth Knox
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Vauxhall Law Centre

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Thanks Elliot, this puts it really clearly.  | think I was confusing it partly with the long discussions about PIP supersessions, especially when they are ended early.  Ruth