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PIP and Pension
- carmind
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8 years 9 months ago #164995 by carmind
PIP and Pension was created by carmind
I have a client who was refused PIP at a Tribunal appeal. We are thinking of applying to the Upper Tribunal to have the decision set aside and re-heard. However, in the meantime she has reached pensionable age.
If she was awarded a rehearing and then awarded PIP at a second tribunal , would she continue to receive it despite being of pensionable age?
The original DWP decision, refusing her PIP was made before she was entitled to a pension.
If she was awarded a rehearing and then awarded PIP at a second tribunal , would she continue to receive it despite being of pensionable age?
The original DWP decision, refusing her PIP was made before she was entitled to a pension.
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- slugsta
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8 years 9 months ago - 8 years 9 months ago #165000 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic PIP and Pension
Hi Carmind,
The original decision was made before your client reached State Retirement Age. As the tribunal will be, in effect, re-making that decision PIP will be awarded if the tribunal finds in the client's favour.
As with all claims, PIP will continue after State Retirement Age as long as the claimant continues to meet the medical criteria.
The original decision was made before your client reached State Retirement Age. As the tribunal will be, in effect, re-making that decision PIP will be awarded if the tribunal finds in the client's favour.
As with all claims, PIP will continue after State Retirement Age as long as the claimant continues to meet the medical criteria.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 9 months ago by slugsta.
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- Gordon
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8 years 9 months ago #165006 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP and Pension
carmind
The age limit for PIP is 65 or State Retirement Age, whichever is higher.
At the moment it is 65 for all claimants, men and women, but will start to increase from 2018 (if I remember correctly) as the SRA increases past 65.
Gordon
The age limit for PIP is 65 or State Retirement Age, whichever is higher.
At the moment it is 65 for all claimants, men and women, but will start to increase from 2018 (if I remember correctly) as the SRA increases past 65.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- carmind
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8 years 9 months ago #165042 by carmind
Replied by carmind on topic PIP and Pension
I'm not sure I understand.
My client is female and so has been subjected to all the arbitrary changes to pension ages. Is the cut-off point for PIP awards the SRA that she has been given or an absolute of age 65?
She has a reasonable chance of winning a new hearing (I think) but if it means any award will end because of her retirement age, why bother?
A pyrrhic victory??
My client is female and so has been subjected to all the arbitrary changes to pension ages. Is the cut-off point for PIP awards the SRA that she has been given or an absolute of age 65?
She has a reasonable chance of winning a new hearing (I think) but if it means any award will end because of her retirement age, why bother?
A pyrrhic victory??
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- Gordon
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8 years 9 months ago #165043 by Gordon
There is no difference in the age that a man or woman can claim PIP up to, in both cases it is currently 65, from late 2018 the age (for both) will increase in line with the State Retirement Age for a man.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP and Pension
carmind wrote: I'm not sure I understand.
My client is female and so has been subjected to all the arbitrary changes to pension ages. Is the cut-off point for PIP awards the SRA that she has been given or an absolute of age 65?
She has a reasonable chance of winning a new hearing (I think) but if it means any award will end because of her retirement age, why bother?
A pyrrhic victory??
There is no difference in the age that a man or woman can claim PIP up to, in both cases it is currently 65, from late 2018 the age (for both) will increase in line with the State Retirement Age for a man.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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