DLA to PIP due to terminal illness

Hi, I’m hoping that someone can point out where I’m wrong on this.

The client currently receives lower rate care and mobility DLA.

She is now terminally ill and has a DS1500.

As she is living in a PIP roll-out area she needs to make a PIP claim rather than be able to have a straightforward supersession of her DLA.

However, looking at the PIP (Transitional Provisions) Regulations 2103 - Reg 17 - while she will (eventually) be awarded PIP her current rate of DLA will ‘run on’ for the first weeks.

The same would seem to apply to someone on DLA who needs a supersession say because of a deterioration in their mobility.

Doesn’t this 4 week run on penalise DLA claimants unlucky enough to live in a PIP roll-out area?

Those DLA claimants living in a PIP free zone would have any DLA increase paid straight away.

I’m advising on a case where this has happened and I’ve trawled the transitional regs looking for a way around it but found nothing so far.  The client involved has waited 3 months for a decision and now been told he’ll have to wait a further 4 weeks for payment. 

I’m raising it as a social policy issue and will suggest a complaint and possibly contact with the MP.  Clients in transfer areas are losing out not only due to the transitional rules but also the delays in assessing claims. 

I’d welcome any views on whether there is a way around the rule in Reg 17 for DLA claimants who become terminally ill before transfer to PIP. 
Thanks

Kate

In RCT we are waiting for the DWP to give us an answer on this ,as it does appear that DS1500 claimants are not being paid from the start of claim .We have asked both DLA and PIP who is going to pay but so far have recived no reply .Will keep you posted.