Closed Award period?

Good afternoon folks.

I hope someone can clarify something for me.

I have a client that was a transfer case from DLA to PIP. DLA was being paid at Middle rate Care and Low rate Mobility.

PIP was refused, with no points being scored. Went to appeal and 6 points were given under Preparing food and Engaging with others, but we have asked for S.O.R as no points were given for washing and bathing, even though the client has aids fitted by local Social services.

The client is now 65+ years of age and I had suggested claiming AA, but my concern is that if we have the original decision set aside and are then successful at a fresh appeal hearing, will we have made the PIP a ‘closed award’ - assuming that she will be successful with an AA claim at the Lower rate.

Thanks in advance

J

From what you say there’s no mobility to pursue on the PIP; it’s just daily living and you’re hoping for the standard rate of that. That being the case low rate AA is it’s equivalent; client would lose nothing if the AA is awarded now and PIP is awarded later on retrospectively.

Thanks Dan.

We had hoped to pursue the SR of Mobility as well, but given that the client has found the whole process extremely stressful, she wants to concentrate on the AA only.

Client could actually claim PIP under The Personal Independence Payment (Transitional Provisions) Regulations 2013 Section 27(3): (3) This regulation also applies to a person who—

(a)had not reached 65 on 8th April 2013,
(b)claims personal independence payment, and
(c)is not entitled to disability living allowance on the day the claim is made but was so entitled on the day falling twelve months before that day or at any time between those days.

Have used this for a client who went from DLA to PIP, 0 points on PIP award - client is 65+yrs. Made a new claim (whilst disputing the old PIP decision) and as they were on DLA within 12 months of making the new claim, process for PIP started again.  Client has to have been under 65 before the 8th April 2013 though.

Might help if pursuing Mob component.

Thanks for that csmk, that is very useful. She would come under the same rules as your client, so I will speak to her before going ahead with the AA.

Happy to help!

If your client does go for the new PIP claim, just be aware that the DWP adviser might not know this Reg on the PIP claims line. Press the issue or just hang up and call again if they refuse to complete the PIP1 call.

If completing the PIP2 form beneficial to mention this Reg in additional information too.