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What should be my next step?
- syllabub
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4 years 1 month ago #256926 by syllabub
What should be my next step? was created by syllabub
Hello, I am currently still on DLA high rate mobility & daily living indefinite (since 2010) and receiving ESA contribution based and in the support group. In June this year I will be arriving at my state pension age for women 66. So I guess the ESA will then stop when that takes over. However I still have not yet been 'invited' to apply for PIP yet ?? I know they are behind, but should I leave it until they contact me? Can I still get PIP & state pension?. On all DLA paperwork it says you do not need to do anything, we will contact you. I'm getting a bit nervous as is only 3 months away to my state pension age. Do I need to be making contact with them now, and is there anything else I should be thinking about claiming please?
Many thanks in advance for your help.
Many thanks in advance for your help.
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- Gary
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4 years 1 month ago #256939 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic What should be my next step?
Hi Mary
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Your ESA will stop when you reach State Pension age and any disability premiums you may have received. Depending on your circumstances, you may be eligible to claim Pension Credit www.gov.uk/pension-credit.
Your DLA will stay in payment even after you reach State Pension age, due to Covid-19 'invited' to apply for PIP letters have stopped unless you were 'invited' to apply for PIP prior to the lockdown in which case the process will continue.
You award for DLA can be paid after reaching State Pension age, as long, as you continue to satisfy the entitlement conditions.
Unfortunately you cannot be awarded high Mobility as a new or an increased award after you reach the relevant age with the exception of the initial transfer from DLA to PIP where the age restriction is suspended.
The relevant age is 65 or State Retirement Age, whichever is the higher. If you have a Mobility award before the relevant age then you can continue to receive it after as long as you continue to meet the criteria.
You will at some stage be 'invited' to apply for PIP unless the Government changes any policy. We do have some very good guides to help you. Remember PIP is not awarded because of the condition but rather the limitations that result and prevent a claimant from completing a range of everyday activities. 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
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.
If you have any further questions, please come back to the forum.
Gary
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Your ESA will stop when you reach State Pension age and any disability premiums you may have received. Depending on your circumstances, you may be eligible to claim Pension Credit www.gov.uk/pension-credit.
Your DLA will stay in payment even after you reach State Pension age, due to Covid-19 'invited' to apply for PIP letters have stopped unless you were 'invited' to apply for PIP prior to the lockdown in which case the process will continue.
You award for DLA can be paid after reaching State Pension age, as long, as you continue to satisfy the entitlement conditions.
Unfortunately you cannot be awarded high Mobility as a new or an increased award after you reach the relevant age with the exception of the initial transfer from DLA to PIP where the age restriction is suspended.
The relevant age is 65 or State Retirement Age, whichever is the higher. If you have a Mobility award before the relevant age then you can continue to receive it after as long as you continue to meet the criteria.
You will at some stage be 'invited' to apply for PIP unless the Government changes any policy. We do have some very good guides to help you. Remember PIP is not awarded because of the condition but rather the limitations that result and prevent a claimant from completing a range of everyday activities. 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
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.
If you have any further questions, please come back to the forum.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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