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Forum Home  →  Discussion  →  Disability benefits  →  Thread

advance claim of PIP for young person turning 16

dizzymare
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Welfare benefits adviser - Dudley MBC

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Total Posts: 319

Joined: 18 June 2010

Can anyone confirm if it is possible to make an advance claim for PIP for someone who will be 16 in a few weeks. The YP in question currently receives DLA. This is paid at the higher rate mobility component indefinitely, but for some reason the care component actually has a fixed end on the award (day before his 16 birthday)

Dad has received letters to say DLA care comp will end 23/01 but mob will not?? He has been advised that he needs to claim PIP but has been told that he cannot call to make the claim until the day of his sons 16th bday. Dad has also recd a letter saying that CA will stop also.

I have spoken to DLA who state that as long as PIP is claimed at the required time, DLA will not end and niether will CA.

I have called PIP who tell me that YP/Dad need to ring on 16 bday, but we have also been told that we have to wait for a letter before a claim can be made.

I am a bit worried that we have three agencies here (DLA/PIP and CA) who must also interface with each other in order that benefits do not end (even if only temporarily) and am amazed that claims for PIP cannot be submitted a few weeks prior to 16 bday in order that the process of transfer is as seemless as possible. There is great potential for this to go pear shaped and cause families great financial hardship not to mention stress in the process.

I gather that this situation will only really occur for 16 year olds transferring as those with fixed term awards will have a 20 week lead in during which time, they should receive notification of how to make a claim etc and the four weeks in which to make it.

Does anyone else have experience of this? and how have things worked out in reality?

thank you

Paul_Treloar
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Welfare benefits caseworker, Mary Ward Legal Centre

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As I understood it in principle, advance PIP claims are possible provided the client meets the required period conditions at the time that the claim is made i.e. met disability conditions for 3 months prior to PIP award and expected to meet them for 9 months post that date.

I was also under the impression that people coming up to 16th birthday would be sent invitations to make PIP claim approximately 6 months prior to DLA claim ending, precisely to overcome gaps in entitlement as you raise.

As to what actually happens in practice, can’t advise currently as haven’t come across any cases, but certainly sounds like potential recipe for disaster from your description.

paulmoorhouse
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Central and South Sussex CAB

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Regulation 18 of the PIP (Transitional Protection) Regs 2013 says:

18.  (1)  Where there is an award of disability living allowance to a DLA entitled person and—

(a)the award is of—

(i)both components and the award in respect of either or both is for a fixed term period, or .
(ii)one component only and for a fixed term period, .

(b)the person reaches 16 after 6th October 2013, and .

(c)the fixed term period expires in the period starting with the day before the person reaches 16 and ending with the day before the person reaches 16 years and 6 months, .
the fixed term period SHALL be extended. (My emphasis)

(2) A fixed term period extended under paragraph (1) shall expire on the day before the person reaches 17 or, where these Regulations have the effect that the person’s entitlement to disability living allowance terminates on an earlier day, on that day.

There shouldn’t be any argument…...

dizzymare
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Welfare benefits adviser - Dudley MBC

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Total Posts: 319

Joined: 18 June 2010

thank you both. hopefully, all will go smoothly. will let you know :)