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DLA reassessment help

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1 year 8 months ago #277021 by crawford7
DLA reassessment help was created by crawford7
Hello everyone .
I was assessed as low rate mobility middle rate care about 15 years ago . I am 70 and still on DLA due to a backlog at the DWP . My health is failing and my mobility is now extremely poor ie walking is really difficult due to pain levels . I have requested forms from the DWP to have my case looked at again as I really do believe should be on a higher rate for mobility . Does anyone have any advice which believe me will be welcome as nervous that now I have started this I could lose everything . Any comments ....thanks in advance

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1 year 8 months ago #277055 by Gary
Replied by Gary on topic DLA reassessment help
Hi crawford7

Welcome to the forum.

You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum

I hate to be the bringer of bad news but unfortunately once you are over state pension age you cannot increase the amount of your mobility award whether or not you claim DLA or PIP.

You are able to increase the care/daily living component of either DLA or PIP.

As you are in receipt of middle rate care for DLA then you may be eligible to claim guarantee pension credit. www.gov.uk/pension-credit/eligibility

Gary

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1 year 8 months ago #277059 by Gordon
Replied by Gordon on topic DLA reassessment help
crawford7

I hope that Gary will forgive me for correcting him!

You say that you are currently 70 this means that you had not reached 65 for either of the two PIP cut-off dates;

UK mainland – 8 April 2013
Northern Ireland – 20 June 2016

Therefore, if you report a Change of Circumstances in regard to your DLA you will be invited to claim PIP.

Gary is correct that you cannot normally receive the Mobility component of PIP after you reach State Retirement Age, however, this rule is suspended when being transferred from DLA.

So to summarise, reporting a Change will result in a PIP transfer and if successful this can include a Mobility award.

Gordon

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1 year 8 months ago #277072 by crawford7
Replied by crawford7 on topic DLA reassessment help
I am deeply grateful to you both and to this site/forum . not good at tech but boy have I learned over last few days . Once again thank you

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9 months 2 weeks ago #286654 by crawford7
Replied by crawford7 on topic DLA reassessment help
Hello Gordon
Following on from your advice re the 2013 cut off date I applied for a review of my DLA knowing I would be assessed for PIP .I was informed I would be moved onto the Scottish system as that is where I lived . My assumption that fairness applied and I would not be disadvantaged ie I could apply for the new benefit and have my mobility award increased . In April last year I applied for Adult Disability . My paper forms were lost as was the digital file created by DSS Scotland . I only found his out as I had asked how my case was progressing . After much to and froing I had to submit another application in September and I now have my result . My care component has been increased to the maximum but the mobility component has not been increased . I was advised that due to the fact I am of pension age it cannot be increased . I have spoken to them and advised them of the 2013 cut off for DLA to PIP and asked if this applied to Adult Disability under the Scottish system .They have not heard of the 2013 cut off for DLA/PIP for pension age applicants My mobility is now awful which is accepted by the system . I have spent hours researching the net to establish the evidence I need for an appeal on the refusal to increase my mobility component based on the 2013 ruling for DLA to PIP . Do you or anyone know if this applies moving from DLA to Adult Disability . There is no choice as if you live in Scotland you WILL be moved to the Scottish system . Scots must be disadvantaged if we cannot use the 2013 decision when we are forced to move from DLA to Adult Disability ....in short must Scotland apply the same rules . I hope I have explained this as I need the evidence for the appeal .

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9 months 2 weeks ago #286669 by Gordon
Replied by Gordon on topic DLA reassessment help
c

I believe the following is the legislation covering DLA claims being migrated to ADP

www.legislation.gov.uk/sdsi/2022/9780111054666

Looking through it I cannot see an equivalent Regulation to that in the PIP Transitional Regulations that suspends the Age criteria for the Mobility element. In fact, there appear to be multiple entries that state the exact opposite.

I would get local advice, this appears to be a help page for this

www.mygov.scot/benefits-support

Gordon

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