DLA to PIP

Hi mistake

I believe there are still over 275,000 claimants on DLA waiting to be transferred to PIP, DWP have been given an extra 2 years to complete the process.

I will try and answer your questions in the order you have written, but you have to remember PIP is substantially different from DLA and the criteria are stricter. PIP was engineered to be more difficult to award than DLA and many DLA claimants will receive reduced awards or even no award at all on transfer.

DLA looks at generic care needs in regard to bodily functions, PIP looks at the claimant's specific ability to carry out an activity such as eating. DLA was awarded because the claimant needed an amount of care (in time) during the day, the night of both, to help them with that bodily function. PIP looks at the claimant's ability to complete specific tasks within the activity and is points-based, these are clearly defined and it is easy not to score points because the claimant has not shown that they meet those specific criteria.

DLA treated the use of aids as a reason to reduce the amount of care needed, PIP treats aids as an indication of disability and in general they score extra points.

DLA's care need was reasonably generic, PIP treats prompting, assistance and supervision as different activities and as a result, they can score different points.

DLA required that the care was required for the majority of the time, for PIP it is the majority of days.

For PIP activities must be completed reliably, this means

• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.

Although DLA considers these terms, they are poorly defined as they are implemented through Case Law rather than being defined in the legislation as they are for PIP.

So DLA referred to Cutting up food, eating or drinking, PIP looks at

a. Can take nutrition unaided. 0 points.
b. Needs –
(i) to use an aid or appliance to be able to take nutrition; or
(ii) supervision to be able to take nutrition; or
(iii) assistance to be able to cut up food. 2 points.
c. Needs a therapeutic source to be able to take nutrition. 2 points.
d. Needs prompting to be able to take nutrition. 4 points.
e. Needs assistance to be able to manage a therapeutic source to take nutrition. 6 points.
f. Cannot convey food and drink to their mouth and needs another person to do so. 10 points.

They should also be aware that there is less focus on the condition/s that people suffer from but their ability to fulfill the tasks as set out in the PIP criteria.

Have a look at our PIP Claim guide for a better understanding of the criteria you will need to meet.

www.benefitsandwork.co.uk/help-for-claimants/pip

Q1 - No, your wife will not be sent a PIP1 form unless she is unable to answer questions over the phone. Claims to Personal Independence Payment are started over the phone by calling the PIP new claims number - 0800 917 2222 (or text phone 0800 917 7777).

Once the claim has been registered, DWP will send the claimant a PIP2 ‘How your disability affects you’ form for completion.

In exceptional circumstances, where claimant is unable to deal with DWP by phone, or needs extra help, they can request a paper version of the initial claim form (PIP1).

This captures the same basic information that DWP take over the phone. The forms will be personalised to the individual who requested them, and should not be copied or used for other claimants.

Q2 - Usually a PIP2 form is sent to claimants transfering from DLA to PIP after completing a phone assessment.

Q3 - No, a telephone assessment usually follows a completion of PIP2 form, but not always, if you supply enough supporting evidence for a paper based review as per your first question.

Q4 - I am not aware of an assessment being carried out without the completion of a PIP2 form.

Q5 - It should be from the date of the letter, but we have heard here on the forum that some members have been given much shorted notice.

Q6 - Unless you have a lasting power of attorney, then at the initial phone call, DWP would ask to speak to your wife to confirm her security details such as name, address, NI number, DOB ... etc.

If you have any further questions please come back to the forum.

Gary