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What are the implications of being on DLA at 64

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4 years 1 month ago #256834 by Sam024Sam
I am 64 yrs old and on higher rate DLA and have not yet been asked to apply for PIP. I have had to pay a large deposit for my next Motability WAV car arriving soon. Will my DLA carry on after I am 65 (or until I am called for an assessment) and should I voluntarily apply for PIP now whilst I can or will I still be able transfer from DLA to PIP after I am 65 -should I be contacted by DWP and my application be successful?

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4 years 1 month ago #256844 by LL26
Hi Sam024Sam,
Welcome to Benefits & Work!

Firstly, there is no reason why you can not remain on DLA at present. There may come a time when DWP ask you to transfer onto PIP. This maybe because your existing DLA award is coming to an end, it might be simply a general review of your circumstances. You should receive a letter saying that you DLA is coming to an end. At this point is you must do something! You can claim PIP, or, if you are already over 65 you could claim Attendance Allowance. The rules for AA mirror the rules for DLA, but there is no mobility component. The rules for PIP are different, and there is a mobility element. The PIP guides on this site may help. www.benefitsandwork.co.uk/personal-independence-payment-pip

If you receive PIP before 65, this can continue, but whatever the mobility rate set then will remain. (If you are not eligible for mobility component at this time, then you will never ever get this.)

Because the criteria for PIP is different from DLA, it is entirely possible that you get a different level of award if you transfer for DLA to PIP. Some people get a better award, some remain at a similar level and a few are just not eligible to receive PIP. This means that whilst you can choose to make a claim for PIP at anytime, you will need to think hard about this, and make sure that you will not lose out. You can not revert back to DLA once on PIP! I can not tell you whether or not any claim for PIP would be successful, but using our guides will ensure that you can put forward the best case.
BUT...you do not have to do anything! Why upset the apple cart? DWP may well ask you to transfer to PIP in the future - you will lose your DLA unless you do claim, but at the moment no action is required.

I hope this helps.

LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Sam024Sam

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4 years 1 month ago #256866 by Gary
Hi Sam024Sam

Just to continue what LL26 has said, at present due to Covid-19 DLA to PIP assessments have stopped, unless you were already notified by DWP prior to Covid.

I have not yet heard when DWP may re-start these assessments, as LL26 stated you do not have to do anything for now apart from read our guides, remember PIP descriptors are different from DLA.
www.benefitsandwork.co.uk/help-for-claimants/pip
One of the first things is to understand the difference between DLA and PIP.

DLA looks at generic care needs in regard to bodily functions, PIP looks at the claimants 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 or 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.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Sam024Sam, minxtabb

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