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Forum Home  →  Discussion  →  Disability benefits  →  Thread

DLA or PIP? - advance claim & 3 month qualifying period

Peter Turville
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Welfare rights worker - Oxford Community Work Agency

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Total Posts: 1659

Joined: 18 June 2010

Client had a serious accident on 25/3/13 which may give entitlement to DLA. However the three month qualifying period ends after the start date for PIP (10/6/13) outside the pilot areas.

Can client still make an advanced claim for DLA before 10/6/13? Or, as the qualifying period will be after the introduction of PIP will they be required to claim (or DLA claim will be treated as a claim for) PIP?

My reading of PIP(TP) Reg. 6 is that as long as the claim for DLA is made before 7/10/13 and a decision on that claim has not been made, the claimant cannot be entitled to PIP. Does this means in practice that an advance claim for DLA must be made before 10/6/13?

I cannot see any provison that amends the C&P regs to prevent an advanced claim for DLA even though the qualifying period will not be satisfied until after 10/6/13.

Have I missed something?