DLA appeal

Hi,

I have a client who is registered blind.  She is currently in receipt of DLA (low care and low mobility).

Her claim for high rate mobility was refused but she won it on appeal.  However, the DWP have appealed to the upper tribunal on an error in law (I have not been involved in this process).

I’m pretty confident the customer would qualify for the enhanced mobilty rate of PIP if the decision does not go in her favour.  Should I be claiming PIP now or wait until a decision has been made?

This is all the information I have until I meet the customer tomorrow. I will go over her care needs to see if she would be better on PIP or not.

Thanks

Allan

We looked at this recently. The DLA will stop four weeks after the first payday after a decision on PIP is made. (Reg 17 PIP(TP) Regs). If the PIP is refused, the DLA stops with no possibility of getting it back. Once the claim for PIP is made, the DLA will stop even if the PIP claim is withdrawn (Regs 14 and 15 PIP(TP) Regs).  Some people will be better off claiming PIP, but even if your client is one of these, they might opt for the certainty of their existing DLA rather than the uncertainty of a claim for a new benefit. If DLA is in payment already, it’s my understanding that a claim for PIP can’t be made until 7th October 2013, so there is time for careful consideration of all the evidence before making a decision.

Thanks very much.

Very helpful