PIP mobility after age 65 (if needs started before age 65)

Client transferred from DLA to PIP. She was just under 65 on 8 April 2013 so just missed the cut off for staying on DLA. Got reduced from HR DLA Mob to SR PIP mob. Appealed and lost. Is there any avenue open to her to even apply for ER mob now? Or has that ship sailed?

I seem to recall that it may be possible but client would need strong evidence that her mobility needs were present before her 65th birthday?

Cheers

It doesn’t seem likely she can do this, is this the case even if someone can demonstrate they had the severe mobility problems before they turned 65 though?

Don’t think it’s possible Jas, see bottom of p.768 of CPAG 2018/19.

Nice one Paul. Is it page 748 you meant? Think so as it does say they can’t go from SR to ER.

Yes it was p.748 I meant, sorry about that.

No worries at all, thanks for the info!

can I ask an associated question?  Think the answer may be the same but just wanted to check. 

Cl is 65.  She reached pension age 06/03/19.  She was in receipt HRM & MRC DLA until last year.  Was assessed for PIP in August 2018.  Awarded standard DL & no mobility.  She requested MR, but decision was not changed.  MR decision was Oct 2018.  Client did not appeal & did not seek any advice at the time.

Her mobility has not changed but because she never pursued an appeal at point that she reached pension age she was in receipt standard rate DL only.  But her entitlement to DLA less than one year ago.  Does that make any difference?

I think you could still do a late appeal on the MR decision - the appeal can look at all the components that were available at the time so it can consider mobility. You will need to give reasons for late appeal but generally I’ve found that judges are reasonably willing to grant them.

Thanks Daphne.  I’ll try that.
I had thought there wouldn’t be sufficient grounds for late appeal.  She has said she just didn’t pursue cos she was demoralised by decision and couldn’t really face it at time.  But will see where we can get

Can I ask a similar question here.

I have a client who was invited to apply from DLA- PIP when she was 65(before this recent rule change). She was getting HRM & HRC DLA.

PIP have awarded her ERDL but only SRM and seem to be saying that they can’t award her ERM? This does not sound right as her DLA award was paying her HRM after 65 and she was being paid DLA up until the new PIP decision.

ub40worker - 25 March 2019 04:17 PM

Can I ask a similar question here.

I have a client who was invited to apply from DLA- PIP when she was 65(before this recent rule change). She was getting HRM & HRC DLA.

PIP have awarded her ERDL but only SRM and seem to be saying that they can’t award her ERM? This does not sound right as her DLA award was paying her HRM after 65 and she was being paid DLA up until the new PIP decision.

They can but she would have to score enough points to qualify.