DLA CLAIMANT OVER PENSION AGE, CLAIMING PIP

my client is over pension age, she gets DLA low care and low mobility, what happens if she claims PIP, she has not been invited to claim PIP, it is suggested she claims to get a higher amount than her current DLA award, questions ? can she get the mobility element of PIP in these circumstances , what happens if PIP is not awarded dat all ? any other things to be aware of ?

Was she born before or after April 1948?

If she was born after, she can claim PIP and will be assessed as if she was below pension age - i.e. can get any rate of the mobility component.

born 1953 !!!  does this PIP apply even if she voluntarily claims PIP and is NOT transferred ?????

It’s my understanding that those two options will be treated the same - i.e. they’ll both be treated as transfers and DLA will continue until the PIP decision is made.

If you were under 65 on 8 April 2013
If you receive a lower rate of a DLA component and your condition deteriorates so you may qualify for a higher rate, you can ask for your award to be reconsidered.

This means you are invited to make a claim for PIP. As PIP has no equivalent of low-rate care component, you may lose this and once the PIP claim starts, it cannot be stopped or reversed.

You have four weeks to make the PIP claim and your DLA award should remain in payment until a decision is made about your PIP claim.

Thanks paul, could she get the mobility component increased from low dla to an award of pip mob ???

Diogenes - 27 June 2023 09:42 AM

Thanks paul, could she get the mobility component increased from low dla to an award of pip mob ???

Yes,.

Thank you, all

Sorry, was bit rushed yesterday.

It’s Regulation 27 of the Personal Independence Payment (Transitional Provisions) Regulations 2013 that provides the mechanism for someone to establish an entitlement to mobility component of PIP when they’re transferring from DLA.

It doesn’t matter whether or not that person had an entitlement to DLA mobility previously, the PIP award is made completely independently of previous DLA entitlement.

Thank you Paul, I do find the dla/pip rules confusing, its a nightmare worrying if the client could end up worse off transferring !!!!!

Persons aged 65 and over to be entitled to personal independence payment in certain circumstances
27.—(1) Section 83(1) (persons of pensionable age) of the Act does not apply to a person to whom this regulation applies.

(2) This regulation applies to a person who—

(a)had not reached 65 on 8th April 2013,
(b)is a DLA entitled person, and
(c)claims personal independence payment—
(i)in response to a notification sent to the person by the Secretary of State under regulation 3(1), or
(ii)under regulation 4.
(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.