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Under 18 - PIP when they didn’t get it before they went into hospital

Nan
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Generalist team - Hammersmith & Fulham CAB

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Joined: 8 July 2010

Hello all,

I have looked at the legislation, but can’t seem to find a definitive answer. I know that when someone under 18 gets PIP before they go into hospital, it continues to be paid. What about if they haven’t claimed before? Logic tells you that it would be paid like DLA, but I can’t find anything to say this.

Many thanks

Rebecca

Elliot Kent
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Shelter

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Joined: 14 July 2014

People in hospital are still able to claim and be found to be entitled to PIP. The sticking point for an adult is that PIP will not be payable as a result of regulation 29 of the PIP Regulations.

Regulation 29 provides that PIP won’t be payable during a period as an inpatient in hospital - but by regulation 29(3), anyone who was under 18 when they entered into hospital is exempt from that provision.

Given that regulation 29 has no application to their case, there is nothing to stop an inpatient child from claiming, being entitled to and being paid PIP. Their position is no different from a child who is not an inpatient.