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Will PIP affect me?

  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 5 months ago #103259 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Will PIP affect me?
As my wife was 64 years of age in July 2012, but actually retired when she was 60 years of age and has been in receipt of State Pension since she was 60 years of age, I am about to seek Judicial Review on her entitlement to PIP when her indefinite award of DLA is subject to assessment of PIP.

As Hilary pointed out in her original post, the transition from DLA to PIP will only apply to those of working age from 16 to 64 years of working age.

I will argue that as my wife reached the current statutory age for retirement pension in July 2009, and was paid State Pension from that date, how can she be classed as of 'working age'

This may take a while to get definitive information, but I will post it following an application for Judicial Review.

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11 years 5 months ago #103269 by denise
Replied by denise on topic Will PIP affect me?
hi jim
i think what should be done is this. All those woman who are retired by 2015 should not have to have a pip assessment as they are classed as pensioner,s only woman who are still working and not drawing their pension but still claiming dla should be checked. what do you think?

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 5 months ago #103271 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Will PIP affect me?
I tend to agree with what you say, however the regulations have been approved by Parliament, so I don't think they'll change their mind unless my Judicial Review application is upheld.

I'll keep members informed, but it could be several weeks before my application for Judicial Review on behalf of my wife is heard.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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11 years 5 months ago #103276 by slugsta
Replied by slugsta on topic Will PIP affect me?
Good luck with this Jim!

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11 years 5 months ago #103315 by furrypusscat
Replied by furrypusscat on topic Will PIP affect me?
Yes. Good luck Jim, this will affect a lot of females in this age range, myself included. I also became state pension age in September 2011, 60 years and 9 months. I believe the Government have caused confusion. It ought to have been done on the same sliding scale and if someone has reached the state pension age at the time of PIP commencement then this should have been the cut off period where you should then remain on DLA and not stating working age between 16 and 64. I hope you win your case.

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11 years 5 months ago #103317 by Gordon
Replied by Gordon on topic Will PIP affect me?
I think there is some confusion on the criteria for DLA claimants to be migrated to PIP, the Transfer legislation states;

Invitations to apply for PIP will be sent to

- any person who reaches 16 after 6th October 2013 as soon as reasonably practicable after the person reaches that age, and

- any person who will be aged less than 65 on 8 April 2013.

www.legislation.gov.uk/uksi/2013/387/regulation/3/made

Whilst the phrase "working age" has been used frequently by Ministers and the DWP, as I posted earlier, there is no reference to "working age" in the transfer legislation, and the phrase has no legal weight in defining who will be transferred from DLA to PIP.

Gordon

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