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DLA to PIP conversion

cr1962
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Bromley CAB

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Hi,
I have a client who was in receipt of DLA care at the lowest rate.  As his condition had deteriorated, he decided to apply for PIP.  Whilst waiting for the PIP assessment he continued to receive DLA.  Following assessment, he was initially unsuccessful at his claim for PIP, but following an MR he has now been awarded PIP DL at the standard rate.  However, the start date for it is from the decision date, rather than when he notified them of his change in circumstances.  I understand that you cannot receive both DLA and PIP, but surely he should be entitled to receive the difference in the rates, from when he notified them of the change in circumstances.  He has decided to appeal, as he believes he should have been awarded the Mobility element as well, so should I include the challenge on this in that appeal?  or should I be requesting backdating for that amount from DLA instead?
Any advice gratefully received.

Elliot Kent
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This is fairly well trodden ground. DLA remains in payment whilst the PIP application is considered and the PIP award goes into payment 28 days after the last DLA payday following the decision. See Reg 17 PIP (TP) Regs.

This is usually to the benefit of claimants in general because DLA is usually more generous than PIP so having your DLA rate protected is usually beneficial. However in cases where the PIP award winds up being more than the DLA award, this is just hard luck. The issue went through a UT three judge panel and then on to the Court of Appeal and it has been held to be lawful and non-discriminatory - see Worley v SSWP [2019] EWCA Civ 15.

cr1962
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Bromley CAB

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Thanks Elliot, is there any point in going down the complaint route then, as it has taken over 9 months to deal with his PIP application (including MR)?

Elliot Kent
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cr1962 - 21 July 2021 04:25 PM

Thanks Elliot, is there any point in going down the complaint route then, as it has taken over 9 months to deal with his PIP application (including MR)?

Your client can complain if they like but it doesn’t really sound like an outrageous delay especially factoring in that this is for both decision and MR.