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DLA To PIP
- Embolis
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3 years 6 months ago #264574 by Embolis
DLA To PIP was created by Embolis
I have been on DLA since 1999 but still have not received an invitation to apply for PIP. The problem is that I am 65 in July next year and am in the dark as to how this will affect any claim I make for PIP. For example, if I apply, and am refused, and my tribunal is not heard until after July next year will I be deemed too old to claim PIP. Similarly if I am not invited to apply until, say, June next year will I be regarded as too old by the time they look at my application. I have tried to get DWP to answer this question but, after asking on more than 4 occasions, no one can give me an answer. I may be cynical but I feel they are dragging this out until I am past the age of being able to claim. Anyone had experience of this?
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- Gary
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3 years 6 months ago #264606 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic DLA To PIP
Hi Embolis
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
The first question to ask about your DLA is how long was the award, was it indefinite?
The age of 65 will not affect your award in any way.
65 used to be State Pension age, this is no longer the case, SP age is now 66 and going up to 67. You can check your SP age www.gov.uk/state-pension-age.
As you were born after 8th April 1948 then you will be re-assessed under PIP at some stage, everything was put on hold during Covid lockdown but they are now starting to review DLA's.
DLA descriptors are different to PIP descriptors.
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.
We have a very comprehensive PIP guide. If you look through that, it will give you some idea of how you might answer questions.
www.benefitsandwork.co.uk/help-for-claimants/pip#claims
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
The first question to ask about your DLA is how long was the award, was it indefinite?
The age of 65 will not affect your award in any way.
65 used to be State Pension age, this is no longer the case, SP age is now 66 and going up to 67. You can check your SP age www.gov.uk/state-pension-age.
As you were born after 8th April 1948 then you will be re-assessed under PIP at some stage, everything was put on hold during Covid lockdown but they are now starting to review DLA's.
DLA descriptors are different to PIP descriptors.
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.
We have a very comprehensive PIP guide. If you look through that, it will give you some idea of how you might answer questions.
www.benefitsandwork.co.uk/help-for-claimants/pip#claims
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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