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Told I can't apply for PIP because I will be a state pensioner in September?
- JG2
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6 days 8 hours ago #314579 by JG2
Told I can't apply for PIP because I will be a state pensioner in September? was created by JG2
hello,
I tried to apply for PIP by phone today for MH and Physical conditions that have been with me for years. I've not applied before as the assessment is terrifying for me.
I made the phone call today but the handler wouldn't proceed with my application because he said processing for PIP would take 3 months and by then (on September 11th) I would be a pensioner so I wouldn't qualify.
He had asked if I had someone there to help me with the call and I said no, but I would like to continue with applying. I am wondering if he took this decision of not allowing me to apply because he felt I would accept his word as I am avulnerable adult?
I asked to proceed as I'm not a pensioner yet, but no, he said I needed to apply for Attendent Allowance instead - he said it was EXACTLY the same but for people past the working age. It isn't the same as it has no mobility component as far as I can tell.
My understanding is that I wouldn't qualify to AA anyway as I am not yet a pensioner.
I asked a benefit advice friend, and she advised me to try again hopefully with a different call handler as nowhere on Gov. guidelines does it say you have to apply at least 3 months before Pension age.
I phoned again and this time the call handler actually took me through all the questions and submitted my application. He said as I was 66 but not yet on state pension I can apply.
So is my application likely to go through?
Was the first call handler misinforming me? Is this something other people need to be aware of?
Any advice appreciated as I'm now worried they will regect my application again before I even get the form. I am on UC with transitional protection and new style ESA but all that will stop in September.
Thank you.
I tried to apply for PIP by phone today for MH and Physical conditions that have been with me for years. I've not applied before as the assessment is terrifying for me.
I made the phone call today but the handler wouldn't proceed with my application because he said processing for PIP would take 3 months and by then (on September 11th) I would be a pensioner so I wouldn't qualify.
He had asked if I had someone there to help me with the call and I said no, but I would like to continue with applying. I am wondering if he took this decision of not allowing me to apply because he felt I would accept his word as I am avulnerable adult?
I asked to proceed as I'm not a pensioner yet, but no, he said I needed to apply for Attendent Allowance instead - he said it was EXACTLY the same but for people past the working age. It isn't the same as it has no mobility component as far as I can tell.
My understanding is that I wouldn't qualify to AA anyway as I am not yet a pensioner.
I asked a benefit advice friend, and she advised me to try again hopefully with a different call handler as nowhere on Gov. guidelines does it say you have to apply at least 3 months before Pension age.
I phoned again and this time the call handler actually took me through all the questions and submitted my application. He said as I was 66 but not yet on state pension I can apply.
So is my application likely to go through?
Was the first call handler misinforming me? Is this something other people need to be aware of?
Any advice appreciated as I'm now worried they will regect my application again before I even get the form. I am on UC with transitional protection and new style ESA but all that will stop in September.
Thank you.
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- BIS
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6 days 6 hours ago #314586 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Told I can't apply for PIP because I will be a state pensioner in September?
Hi JG2
The first call handler was incorrect. You have not yet reached State Pension Age (SPA), and therefore you can apply for PIP. The second call handler was correct: you cannot currently apply for Attendance Allowance because you have not reached SPA.
However, that may be the end of the good news, and unfortunately you may still run into difficulties with a PIP application.
I have heard of other people applying for PIP before State Pension Age, and by the time their application was processed, they were past the deadline, and they received a letter saying that although they met the criteria, they are no longer eligible to receive PIP and they would have to apply for Attendance Allowance.
There is a possibility that your application could be processed quickly and you are allowed to proceed; however, if you have not got an award by the time you reach SPA - they could award you a daily living award, but they would deny you the mobility award. The reason for denying you a mobility award would be because of your age. Once a person reaches SPA, their PIP mobility award cannot be increased. You potentially wouldn't already have one, so they wouldn't award you one. (I have seen this happen).
I'm afraid I can't give you a definitive answer on what is likely to happen, or say how quickly your case is likely to be actioned. You need to chase after four weeks to get an update.
BIS
The first call handler was incorrect. You have not yet reached State Pension Age (SPA), and therefore you can apply for PIP. The second call handler was correct: you cannot currently apply for Attendance Allowance because you have not reached SPA.
However, that may be the end of the good news, and unfortunately you may still run into difficulties with a PIP application.
I have heard of other people applying for PIP before State Pension Age, and by the time their application was processed, they were past the deadline, and they received a letter saying that although they met the criteria, they are no longer eligible to receive PIP and they would have to apply for Attendance Allowance.
There is a possibility that your application could be processed quickly and you are allowed to proceed; however, if you have not got an award by the time you reach SPA - they could award you a daily living award, but they would deny you the mobility award. The reason for denying you a mobility award would be because of your age. Once a person reaches SPA, their PIP mobility award cannot be increased. You potentially wouldn't already have one, so they wouldn't award you one. (I have seen this happen).
I'm afraid I can't give you a definitive answer on what is likely to happen, or say how quickly your case is likely to be actioned. You need to chase after four weeks to get an update.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- JG2
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5 days 4 hours ago #314617 by JG2
Replied by JG2 on topic Told I can't apply for PIP because I will be a state pensioner in September?
Thank you for explaining.
Doesn't my award potentially begin when they receive my form and date stamp it?
I would think then that any delay in process would be their fault and they should honour the application being placed in good time.
From what you have advised, I am guessing this isn't considered as they will date from their decision. This seems so unfair. I've been too afraid to apply, but I do have mobility problems as well as MH and physixal problems. My fault for hanging back from claiming money for too long.
Thank you again for the insight.
June
Doesn't my award potentially begin when they receive my form and date stamp it?
I would think then that any delay in process would be their fault and they should honour the application being placed in good time.
From what you have advised, I am guessing this isn't considered as they will date from their decision. This seems so unfair. I've been too afraid to apply, but I do have mobility problems as well as MH and physixal problems. My fault for hanging back from claiming money for too long.
Thank you again for the insight.
June
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- BIS
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5 days 4 hours ago #314618 by BIS
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Replied by BIS on topic Told I can't apply for PIP because I will be a state pensioner in September?
Hi JG2
You have nothing to lose by applying for a PIP, but you need to act very quickly. You could be lucky, and it could be sorted immediately - there are some people whose forms have been completed within six weeks of submitting their form. The problem with benefits - the DWP's practices are not always consistent. Unfortunately, it is the mobility award that is likely to be the most difficult to come by when you are so close to SPA.
BIS
You have nothing to lose by applying for a PIP, but you need to act very quickly. You could be lucky, and it could be sorted immediately - there are some people whose forms have been completed within six weeks of submitting their form. The problem with benefits - the DWP's practices are not always consistent. Unfortunately, it is the mobility award that is likely to be the most difficult to come by when you are so close to SPA.
BIS
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- LL26
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3 days 22 hours ago #314667 by LL26
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Replied by LL26 on topic Told I can't apply for PIP because I will be a state pensioner in September?
Hi JG2,
I think if you apply now before SP Age, IE when the initial phone call to instigate the claim, then that is the claim start - the claim can continue and be decided now or after SPAge and there would be a right of appeal if refused either/or due to age requirements or the points awarded.
Have a look at this post I wrote a month or so ago. Very similar point.
There is a definite benefit ( excuse pun) to gaining PIP as there is a possible mobility award which doesn't exist for AA.
www.benefitsandwork.co.uk/kunena/10-dla-...lts/153051-aa#313736
But speed is important here. I would also argue that any claim paid should start from where you were initially fobbed off. It does not matter when DWP make their decision if the claim is in time.(Otherwise DWP would legitimately be able to delay to avoid paying benefit!)
I hope this helps.
LL26
I think if you apply now before SP Age, IE when the initial phone call to instigate the claim, then that is the claim start - the claim can continue and be decided now or after SPAge and there would be a right of appeal if refused either/or due to age requirements or the points awarded.
Have a look at this post I wrote a month or so ago. Very similar point.
There is a definite benefit ( excuse pun) to gaining PIP as there is a possible mobility award which doesn't exist for AA.
www.benefitsandwork.co.uk/kunena/10-dla-...lts/153051-aa#313736
But speed is important here. I would also argue that any claim paid should start from where you were initially fobbed off. It does not matter when DWP make their decision if the claim is in time.(Otherwise DWP would legitimately be able to delay to avoid paying benefit!)
I hope this helps.
LL26
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- denby
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3 days 6 hours ago #314676 by denby
Replied by denby on topic Told I can't apply for PIP because I will be a state pensioner in September?
I'm pretty sure from memory that, being in a similar situation a couple of years ago,[first a tragic bereavement and ADHD/Autism task avoidance made me delay], it was well after I turned pension age that DWP finalised my PIP. I had to do an MR [no change as expected] and put in for an Appeal. Then they phoned me to attempt to 'cut a deal', which I refused and hey presto they paid in full without the appeal.
I can only wish you similar success; don't let them bully you [like their attempt with me to cut a deal]
Denby
I can only wish you similar success; don't let them bully you [like their attempt with me to cut a deal]
Denby
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