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Not invited DLA to PiP when over 65 and???
- apples6
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6 years 1 week ago #210710 by apples6
Not invited DLA to PiP when over 65 and??? was created by apples6
Hi I am confused on this technical maybe Question thank you in anticipation
What is the situation for a person 65 this year or last year and has not been (yet)"invited" to PIP from DLA
if they are refused at first base application can they do an MR and if not successful can they go to appeal?
What happens after?
If no other avenue after appeal?
Can they only apply to claim attendance allowance as at age 65
However if they had been reassessed at say age 63 would they have been able to re try to get PIP?
Thank you Seems very complex
What is the situation for a person 65 this year or last year and has not been (yet)"invited" to PIP from DLA
if they are refused at first base application can they do an MR and if not successful can they go to appeal?
What happens after?
If no other avenue after appeal?
Can they only apply to claim attendance allowance as at age 65
However if they had been reassessed at say age 63 would they have been able to re try to get PIP?
Thank you Seems very complex
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- Gordon
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6 years 6 days ago #210729 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Not invited DLA to PiP when over 65 and???
Apple
You don't have to chase your posts, you posted outside of the hours that Moderators are normally online and posts will not appear in the forum until they are approved.
The legislation covering the transfer process suspends the requirement for the claimant to be under 65 when they are invited to claim PIP. Any Decision that is made carries the normal appeal rights if the claimant chooses to exercise them.
If the claimant is over 65 and their PIP claim (including any appeal) is unsuccessful then there is no further opportunity for them to make a claim for PIP.
Gordon
You don't have to chase your posts, you posted outside of the hours that Moderators are normally online and posts will not appear in the forum until they are approved.
The legislation covering the transfer process suspends the requirement for the claimant to be under 65 when they are invited to claim PIP. Any Decision that is made carries the normal appeal rights if the claimant chooses to exercise them.
If the claimant is over 65 and their PIP claim (including any appeal) is unsuccessful then there is no further opportunity for them to make a claim for PIP.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- apples6
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6 years 6 days ago #210761 by apples6
Replied by apples6 on topic Not invited DLA to PiP when over 65 and???
Dear Gordon
Thank you for your reply in previous box.
May I re clarify please: as still confuses: thanks
1 However if Person A * had been reassessed at say age 63 ( if person was 63 say in 2016 for instance- & DWP had completed the transfer overs "invite" the person would they have been able to re try to get PIP? eg at age 64 and ?now due to DLA/PIP timetable delay the person will have lost the chance to reapply whilst under 65, see below. please.
(Also it would appear that working age is no up to and including 70 years of age which does not correlate to anything else eg State Pension as;
" You’ll carry on getting DLA if you were 65 or over on 8 April 2013. For everyone else aged 16 and over, DLA will stop "
So?someone could now be 70years of age deemed as "working Age? if birthdate 9.4.1948)
for benefit purposes and had not been not reassessed
2 Whereas if 2 years on now 2018 that same person A*would then be 65 years of age. and getting older each year.
They would will have lost the opportunity to re apply if appeal lost
"However" had they been reassessed during the DWP timetable ( I think it may have changed several times?) They now will not be able to reapply?
Is the following on age uk correct ?and how would that work again thank you
"
2.1 Rules about your age
Although you must make a PIP claim before you reach 65, once you
are awarded PIP, it can continue to be paid after 65 as long as you
continue to satisfy the entitlement conditions.
If you have a short break in entitlement (less than 12 months) after the
age of 65 and then become entitled again as a result of the same
medical condition, you can make a new PIP claim"
Again that looks like it would only apply if person had been "invited" before age 65
Not sure how 1 would know if 1 became entitled from the already condition getting worse?
fulfilling the descriptor points?
Thank you again Apples6
From
Latest news
"B&W Created: 19 July 2017
The roll out of PIP is running far behind schedule, the DWP have confirmed.
All existing DLA claimants should have been ‘invited’ to claim PIP by April of this year
Instead the aim is now that all working age DLA claimants will have received their invitation letters by late 2018, with the final assessments and transfers not being completed until mid-2019."
Thank you for your reply in previous box.
May I re clarify please: as still confuses: thanks
1 However if Person A * had been reassessed at say age 63 ( if person was 63 say in 2016 for instance- & DWP had completed the transfer overs "invite" the person would they have been able to re try to get PIP? eg at age 64 and ?now due to DLA/PIP timetable delay the person will have lost the chance to reapply whilst under 65, see below. please.
(Also it would appear that working age is no up to and including 70 years of age which does not correlate to anything else eg State Pension as;
" You’ll carry on getting DLA if you were 65 or over on 8 April 2013. For everyone else aged 16 and over, DLA will stop "
So?someone could now be 70years of age deemed as "working Age? if birthdate 9.4.1948)
for benefit purposes and had not been not reassessed
2 Whereas if 2 years on now 2018 that same person A*would then be 65 years of age. and getting older each year.
They would will have lost the opportunity to re apply if appeal lost
"However" had they been reassessed during the DWP timetable ( I think it may have changed several times?) They now will not be able to reapply?
Is the following on age uk correct ?and how would that work again thank you
"
2.1 Rules about your age
Although you must make a PIP claim before you reach 65, once you
are awarded PIP, it can continue to be paid after 65 as long as you
continue to satisfy the entitlement conditions.
If you have a short break in entitlement (less than 12 months) after the
age of 65 and then become entitled again as a result of the same
medical condition, you can make a new PIP claim"
Again that looks like it would only apply if person had been "invited" before age 65
Not sure how 1 would know if 1 became entitled from the already condition getting worse?
fulfilling the descriptor points?
Thank you again Apples6
From
Latest news
"B&W Created: 19 July 2017
The roll out of PIP is running far behind schedule, the DWP have confirmed.
All existing DLA claimants should have been ‘invited’ to claim PIP by April of this year
Instead the aim is now that all working age DLA claimants will have received their invitation letters by late 2018, with the final assessments and transfers not being completed until mid-2019."
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- Gordon
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6 years 6 days ago #210770 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Not invited DLA to PiP when over 65 and???
Apple
The choice of applying for PIP lies with claimant and is no different for someone who does not have a DLA claim at the moment.
If you are concerned about not having a second chance to claim PIP and you are still under the age of 65 then elect to be invited to claim PIP now, all you have to do is contact the DWP.
If you don't want to do this then wait until invited by the DWP but understand that this could be after your reach the age of 65.
The use of the term "working age" is misleading as the PIP Regulations make no reference to this term. The limit is currently age 65, however, this will begin to increase at the end of this year in line with State Retirement Age.
As long as you continue to meet the criteria for PIP then you can continue to receive it after the age of 65 with the one restriction that any Mobility award cannot be increased.
Gordon
The choice of applying for PIP lies with claimant and is no different for someone who does not have a DLA claim at the moment.
If you are concerned about not having a second chance to claim PIP and you are still under the age of 65 then elect to be invited to claim PIP now, all you have to do is contact the DWP.
If you don't want to do this then wait until invited by the DWP but understand that this could be after your reach the age of 65.
The use of the term "working age" is misleading as the PIP Regulations make no reference to this term. The limit is currently age 65, however, this will begin to increase at the end of this year in line with State Retirement Age.
As long as you continue to meet the criteria for PIP then you can continue to receive it after the age of 65 with the one restriction that any Mobility award cannot be increased.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
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