Chosing to claim PIP while still receiving DLA
My client has not yet been invited to claim PIP, she currently has in indefinite award of DLA but only the lower rate care component. The client has asked whether it was possible to apply for PIP before being invited to do so. We have looked at the PIP activities/descriptors and she could be awarded at least standard DL and possibly enhanced. I cant see anything that prevents her making a claim but I am unsure how this works with the DLA. Could she continue to be paid DLA until a decision is made on the PIP claim which happens under the migration process or will her DLA claim stop as soon as she makes the PIP claim? I suspect its the later.
NB I have clearly explained the risks of not being awarded PIP and losing her DLA.
Can’t she simply report a change in circumstances that she feels affects her entitlement to DLA and that triggers an invitation to claim PIP?
After bunging the answer to that question in a different thread recently, I have hopefully learned from my mistakes:
She can notify DWP of a relevant change in circumstances (i.e. worsened conditions), which will trigger an invitation to claim PIP ( PIP TP reg. 3) In that scenario she will continue to be paid DLA until PIP award starts (provided it is successful).
Alternatively, she could withdraw her DLA claim and subsequently claim PIP. In that case PIP will be backdated to the date of claim, but she will have to manage without the DLA until PIP is awarded.
Thank both. I had considered the supersession approach but we were unable to identify a period when her condition deteriorated, I suspect the original decision was poor.
Your client can simply claim PIP and she will be a “voluntary transfer claimant”. This will put her in exactly the same position as if they were a notified person. See regs 1, 4 and 17 of the TP regs.
Or she can ring up and report a change of circumstances . I really don’t think that it would be necessary to be very specific about what has changed. “I would like to be re-assessed” will probably cut it.