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Dla to pip new change of circumstances listed?
- gocarter
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3 years 11 months ago #259808 by gocarter
Dla to pip new change of circumstances listed? was created by gocarter
Hi ,
Martin the itv TV money man,unhappy hhas announced that if you have got worse and not reported it you can have to repay your benefit. Is this true please ?. As I have not reported that I have considerably worsened.
I struggle to pay for a cleaner and having ss carers twice a day. I keep putting off asking for pip because of my fear of everything I have read on here. But I truly Need the extra financial help of pip instead of dla. . I'm 70 now and still not been asked to apply for pip! Please can you advice me . Yours faithfully Susan
Martin the itv TV money man,unhappy hhas announced that if you have got worse and not reported it you can have to repay your benefit. Is this true please ?. As I have not reported that I have considerably worsened.
I struggle to pay for a cleaner and having ss carers twice a day. I keep putting off asking for pip because of my fear of everything I have read on here. But I truly Need the extra financial help of pip instead of dla. . I'm 70 now and still not been asked to apply for pip! Please can you advice me . Yours faithfully Susan
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- LL26
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3 years 11 months ago #259818 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Dla to pip new change of circumstances listed?
Hi Susan,
Firstly, your full name appears, you might wish to change this-
www.benefitsandwork.co.uk/contact-and-help/registering#r11
My understanding of DLA and PIP is that you would only risk having to repay money (overpayment) if you had either exaggerated about your condition in the first place, or your health had improved perhaps through different medicine or surgery.
If you are in receipt of benefit, and your condition becomes worse, then it is possible to apply to DWP to ask for what is called a supersession, where DWP will revise your benefit, hopefully to a higher a level if this is possible. Under DLA, you will only ever get Middle Rate Care if you have care needs that stretch over a significant portion of the day OR night. You can receive High Rate if your care needs extend over both day AND night. So even if you need more care in either day or night, you won't be able to achieve more payment, unless your care needs now go into both day and night. Similarly with walking, if you already fulfil the criteria for high rate mobility, even if your walking gets worse, there is no extra payment. There is no need to inform DWP of a change of circumstances that can not affect your level of benefit.
Similarly under PIP, if you already get points for the maximum possible for your circumstances, then a worsening condition can not improve your points score.
There is a big debate about whether people can be better off claiming PIP. Sometimes this is true, but other times the award is the same money, but it can be less. Not all DLA recipients get the same money, even when DWP has taken everything into consideration and applied all the correct law.
You haven't specified what rate/s of DLA you get, and of course we know nothing about your disabilities. (We can provide general advice, but unfortunately we can not give detailed specific advice on this forum.) It is therefore difficult to predict whether you would get more money under PIP. I tend to subscribe to the motto 'if it ain't broken, don't fix it!' It is highly likely that claiming PIP will be quite stressful, and will possibly entail attending an assessment. There is no reason why you can't continue to receive DLA, you don't have to claim PIP. You might be able to ask for a supersession on the DLA, but this may run the risk of inviting a claim for PIP, with all the added hassle this may cause.
A further word of caution. I know that when you are over pension age you can no longer receive PIP mobility, unless this has been awarded previously. I'm not sure if this would apply in your circumstances, but I think it is possible. Thus, if you already have a mobility award under DLA, you run the risk of losing this if you apply for PIP.
Think carefully about this. You are not obliged to apply for PIP, unless you are sent a letter by DWP inviting you to do so. (Then if you don't it is likely that DLA will end, and you will have no benefits.)
I hope this helps.
LL26
Firstly, your full name appears, you might wish to change this-
www.benefitsandwork.co.uk/contact-and-help/registering#r11
My understanding of DLA and PIP is that you would only risk having to repay money (overpayment) if you had either exaggerated about your condition in the first place, or your health had improved perhaps through different medicine or surgery.
If you are in receipt of benefit, and your condition becomes worse, then it is possible to apply to DWP to ask for what is called a supersession, where DWP will revise your benefit, hopefully to a higher a level if this is possible. Under DLA, you will only ever get Middle Rate Care if you have care needs that stretch over a significant portion of the day OR night. You can receive High Rate if your care needs extend over both day AND night. So even if you need more care in either day or night, you won't be able to achieve more payment, unless your care needs now go into both day and night. Similarly with walking, if you already fulfil the criteria for high rate mobility, even if your walking gets worse, there is no extra payment. There is no need to inform DWP of a change of circumstances that can not affect your level of benefit.
Similarly under PIP, if you already get points for the maximum possible for your circumstances, then a worsening condition can not improve your points score.
There is a big debate about whether people can be better off claiming PIP. Sometimes this is true, but other times the award is the same money, but it can be less. Not all DLA recipients get the same money, even when DWP has taken everything into consideration and applied all the correct law.
You haven't specified what rate/s of DLA you get, and of course we know nothing about your disabilities. (We can provide general advice, but unfortunately we can not give detailed specific advice on this forum.) It is therefore difficult to predict whether you would get more money under PIP. I tend to subscribe to the motto 'if it ain't broken, don't fix it!' It is highly likely that claiming PIP will be quite stressful, and will possibly entail attending an assessment. There is no reason why you can't continue to receive DLA, you don't have to claim PIP. You might be able to ask for a supersession on the DLA, but this may run the risk of inviting a claim for PIP, with all the added hassle this may cause.
A further word of caution. I know that when you are over pension age you can no longer receive PIP mobility, unless this has been awarded previously. I'm not sure if this would apply in your circumstances, but I think it is possible. Thus, if you already have a mobility award under DLA, you run the risk of losing this if you apply for PIP.
Think carefully about this. You are not obliged to apply for PIP, unless you are sent a letter by DWP inviting you to do so. (Then if you don't it is likely that DLA will end, and you will have no benefits.)
I hope this helps.
LL26
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The following user(s) said Thank You: gocarter, Catherine
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- Catherine
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3 years 11 months ago #259820 by Catherine
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Replied by Catherine on topic Dla to pip new change of circumstances listed?
Hello Susan,
You might wish to check the benefit calculators of this page to see if there is anything else you might be able to claim, such as council tax reduction, housing benefit, pension credit.
www.gov.uk/benefits-calculators
Catherine
You might wish to check the benefit calculators of this page to see if there is anything else you might be able to claim, such as council tax reduction, housing benefit, pension credit.
www.gov.uk/benefits-calculators
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: gocarter
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- gocarter
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3 years 11 months ago #259876 by gocarter
Replied by gocarter on topic Dla to pip new change of circumstances listed?
Martin thank you. I get low rate care COMPONENT and high rate mobility.
I was told by your predecessor Gordon that because they have not contacted me befor I reached 70 this would not go against me and i would still be invited when they got around to me. That was my main concern up until he put my mind at rest. I hope they have not moved the goalposts.
Because I now have care assistants twice a day and I can no longer use my hands I cant do anything in the kitchen. I cant hoeven a disabled handled knife. All my food / drink is prepared . They also dispense and encourage me with the vast ammount of meds I have ygo take. Social services cannot charge me the full ammount and asked me to apply for pip. I'm also needing more and more care. At the present I dont have help at weekends. Another lockdown wasnt expected, so my expected weekend visitors did not happen and they were people who would have helped me. I do without meds and items of food or eat cold stuff straight from the fridge , if I can open it and it doesnt need cutting etc. Does this help please?
Kind regards
I was told by your predecessor Gordon that because they have not contacted me befor I reached 70 this would not go against me and i would still be invited when they got around to me. That was my main concern up until he put my mind at rest. I hope they have not moved the goalposts.
Because I now have care assistants twice a day and I can no longer use my hands I cant do anything in the kitchen. I cant hoeven a disabled handled knife. All my food / drink is prepared . They also dispense and encourage me with the vast ammount of meds I have ygo take. Social services cannot charge me the full ammount and asked me to apply for pip. I'm also needing more and more care. At the present I dont have help at weekends. Another lockdown wasnt expected, so my expected weekend visitors did not happen and they were people who would have helped me. I do without meds and items of food or eat cold stuff straight from the fridge , if I can open it and it doesnt need cutting etc. Does this help please?
Kind regards
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- Gary
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3 years 11 months ago #259891 by Gary
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Replied by Gary on topic Dla to pip new change of circumstances listed?
Hi Suzyq
If you were born after the 8th April 1948 then what Gordon told you is correct, all claimants in receipt of DLA born after the 8th April 1948 will be re-assessed at some stage for PIP; during lockdown this process stopped.
PIP criteria is different from DLA, so seek advice before applying for a supersession from your local welfare rights organisation. You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies.
advicelocal.uk
As your condition has worsen then as LL26 has advised you can ask for a supersession.. They have not moved the goalposts but you will need help in applying and as Catherine has posted below you may also be entitled to additional benefits and premiums.
Gary
If you were born after the 8th April 1948 then what Gordon told you is correct, all claimants in receipt of DLA born after the 8th April 1948 will be re-assessed at some stage for PIP; during lockdown this process stopped.
PIP criteria is different from DLA, so seek advice before applying for a supersession from your local welfare rights organisation. You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies.
advicelocal.uk
As your condition has worsen then as LL26 has advised you can ask for a supersession.. They have not moved the goalposts but you will need help in applying and as Catherine has posted below you may also be entitled to additional benefits and premiums.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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