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DLA to PIP

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2 years 3 weeks ago #278546 by Mandy
DLA to PIP was created by Mandy
My daughter will transfer from DLA to PIP she has just turned 16 I am her appointee for DWP.she she also suffers with anxiety and depression and is awaiting a autism assessment witch the forms only went into school few weeks to go she suffers with APD so forgets things she can’t process things properly what I would like some advice on is will I still be able to be her appointee and speak on her behalf has she has difficulty speaking to people she f does mot know she has complex learning and physical disabilities due to Charcot Marie tooth and potocki lupski syndrome any advice would be appreciated.thank you

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2 years 3 weeks ago #278576 by Gary
Replied by Gary on topic DLA to PIP
Hi Mandy

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

Yes you will still be able to be her appointee. 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.

Now in terms of what should you do. You should have a look at the PIP guide and tackle one question at a time.

It can seem overwhelming, so you have to give it your best shot. Try and put the embarrassment aside. You must give them as clear a picture of the limitations that your daughter has caused by their conditions as possible.

When it comes to describing the problems your daughter has you need to think of three things at every question.

Think about breaking the activity down into smaller components where you can identify problems that your daughter would have.

So for Preparing Food; you can break it down into preparing the food and cooking it, you can break preparing the food down into; selecting the right food, checking that it is still good to use, washing it, peeling and cutting as necessary.

Then think of the problems that your daughter has and map them onto the activities, so physical problems might mean that they have problems with peeling and cutting, mental health problems might mean that they don't actually get the food out in the first place, cognitive problems might mean that they do not select appropriate food or check that it is still in date.

For each combination explain why your daughter is affected, how and whether help from an aid of a person would allow her to complete the activity, there is a formula in the guide for each activity of the things to include.

Lastly, when you are thinking about each activity, consider whether the problem your daughter has would impact on their ability to do another activity. So physical problems with preparing food may also mean they have problems with washing and dressing, mental health problems may also impact on these activities and cognitive problems may mean that they need help with money.

Don't try to tackle it all at once. Do use our guide to help you; benefitsandwork.co.uk/guides-for-claimants/pip

Take your time to complete each question, if you are feeling tired then do only one question a day.

Good luck

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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