DLA to PIP change of circumstances (those over 65 on 8 April 2013)

My client was over 65 on 8 April 2013 but needs to ask for a higher rate of DLA. I’ve been looking at regs 3 and 4 of PIP (TP) regs and am still not entirely sure if he will be asked to apply for PIP. Has a ‘relevant date’ been set for this age group? I’ve pasted the relevant regs below in case any of you can decipher it for me. I’m pretty sure that he can’t choose to apply for PIP, and that the DWP can’t invite him to apply without there being any change of circs’, but not sure about when there is a change of circs’ or a fixed-term award comes to an end.

Thanks :)

Invitations to persons entitled to disability living allowance to claim personal independence payment

“relevant date” means the date, specified by the Secretary of State in relation to any category of DLA entitled person, from which the Secretary of State is satisfied that satisfactory arrangements will be in place to assess the entitlement of persons in that category to personal independence payment;]

3.—(1) At any time after [F1727th October 2013], the Secretary of State may by written notification invite a DLA entitled person to make a claim for personal independence payment.
(2) The Secretary of State must not send a notification under paragraph (1) to any person who, on 8th April 2013, was 65 or over.
(3) [F18Subject to paragraphs (3A) and (4),] the Secretary of State must send a notification under paragraph (1) to a DLA entitled person who reaches 16 after [F1927th October 2013] as soon as reasonably practicable after the person reaches that age.
[F20(3A) Paragraph (3) does not apply unless—
(a)the Secretary of State has specified a relevant date which applies in the case of the DLA entitled person, and.
(b)that person reaches 16 on or after that relevant date.].
(4) Paragraph (3) does not apply to a DLA entitled person whose entitlement, on the day that the person reaches 16, is on the basis that the person is terminally ill within the meaning given by subsection (2) of section 66 (attendance allowance for the terminally ill) of the 1992 Act.
(5) [F21Subject to paragraph (5A),] where, after [F2227th October 2013], a DLA entitled person who has neither—
(a)been sent a notification under paragraph (1), nor.
(b)made a claim for personal independence payment under regulation 4,.
notifies the Secretary of State of a change of circumstances other than a change to which paragraph (6) applies, the Secretary of State must, as soon as reasonably practicable, send the person a notification under paragraph (1).
[F23(5A) Paragraph (5) does not apply unless—
(a)the Secretary of State has specified a relevant date which applies in the case of the DLA entitled person, and.
(b)that person notifies the Secretary of State of the change of circumstances on or after that relevant date.].
(6) This paragraph applies to a change of circumstances where the change notified is that the DLA entitled person is to become or has become absent, whether temporarily or permanently, from Great Britain.

4.  A DLA entitled person who has not been sent a notification under regulation 3(1) may not make a claim for personal independence payment unless—
(a)they were aged under 65 on 8th April 2013,.
(b)the Secretary of State has specified a relevant date which applies in their case, and.
(c)they make the claim on or after that relevant date.]

4.  A DLA entitled person who has not been sent a notification under regulation 3(1) may not make a claim for personal independence payment unless—
(a)they were aged under 65 on 8th April 2013,.
(b)the Secretary of State has specified a relevant date which applies in their case, and.
(c)they make the claim on or after that relevant date.][/quote]

As your claimant was over 65 on 8th April 2013 they’ll carry on under the DLA rules as they would have before.  I’ve had a couple of people who have increased their DLA award with no problems under these circumstances.