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DLA ending when I reach pension age next month

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3 years 3 months ago #266264 by naheegan
From everything I've read on Benefits and Work, guides, information, news and well-informed moderator comments, I have understood that DLA ends when a person reaches state pension age.

I will reach pension age in January. I am in receipt of the higher mobility component of DLA (lifetime award -for what that's worth). I applied when I broke my back, and did not have an assessment then and have never had one in all the years I have been in receipt of it.

Regards my ESA ending next month, I wrote to ESA, DLA and the Pension Service.
Yesterday I got a text message that ESA wanted to talk to me about my ESA claim.
I called, and after the usual long wait, I spoke to an advisor.

One of the questions I asked him was when would my DLA end, when would the last payment be and for how much. I am a strict budgeter.

I was stunned that he told me that my DLA would continue after I reached pension age. It would continue to be paid at the same rate, and either show up in my bank account as 'DLA' or be re-named 'Attendance Allowance'.

As I said, everything I know about DLA is that it is a working-age benefit that is not paid to pensioners -their only choice is to apply for Attendance Allowance and an assessment is mandatory.

I think I was given wrong information. I am also concerned about the possibility of having to mess about with repayments due to overpayments.

Any mod comments about what I was told
- and accurate information about DLA and pensioners,
-and accurate information about Attendance Allowance and pensioners
would be appreciated.

Thank you.

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3 years 3 months ago #266281 by Gary
Hi naheegan

The person you spoke to at the DWP told you the truth, your DLA will not end when you reach state pension age.

To answer your question, you can continue to receive DLA providing that you continue to meet the criteria, the only restriction is that once you reach State Retirement Age you cannot receive a Mobility award if you do not already have one, or an increased award if you only have the low component, even if you meet the criteria.

Unless you were born before April 1948, you will at some stage be asked to apply for PIP. The DLA to PIP Transfer legislation suspends the restriction on claimants making a new claim for PIP once they reach State Retirement Age, so there will be no problem with you claiming PIP once you are invited.

Depending on your circumstances, when you reach State Pension age you may be eligible to claim Guarantee Pension Credit; www.gov.uk/pension-credit. You can apply before you reach State Pension age.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 years 3 months ago #266288 by naheegan
Replied by naheegan on topic DLA ending when I reach pension age next month
Thank you, your reply is very clear and detailed, many thanks.
I have applied for Pension Credit but will not know anything until I approach or reach pension age next month. I'm sure that I will qualify (said no one ever, lol).
I think a good thing to do now would be to see if I have the latest PIP guide(s) and am read-up and ready.
I had hoped this would be the end of having to fill out thesis-length forms and all the drama and trauma of another assessment. But, I have Benefits and Work information and guides -and that's a vital resource which has always in the past made it possible for me to get the benefits that I qualify for and am entitled to.
Thanks again, and Happy Christmas.
The following user(s) said Thank You: denby

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3 years 3 months ago #266290 by Gary
Hi naheegan

Once you reach State Pension age when you are asked to apply for PIP you need to contact DWP and apply if not your claim will cease, if you are successful then going forward you will be given a light touch review.

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 their 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.

Enjoy reading the new PIP guide, it is quite long but goes into everything, the guide is also up dated quite frequently whenever there are any changes.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: paul.1959

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3 years 2 months ago #266502 by naheegan
Replied by naheegan on topic DLA ending when I reach pension age next month
I want to thank you again for your very detailed and informative replies. I've been so stressed about this that I had to back away from trying to understand the whole DLA to PIP after SPA thing for a while. I just couldn't take it in.
I've had a fresh read of your replies. A month later I can finally understand. I am very grateful for your attention to fully explaining this.

Regards stress, I have now reached 66 and am officially a Wrinkly lol. The immense weight of another ESA review and assessment is thankfully gone. It wasn't until it was lifted that I realised just how much pressure it was to always have another one hanging over my head. And that is despite having B&W excellent guides, this forum for getting my addled questions answered, and how much both of those have consistently helped me get the benefits I qualify for and am entitled to. Or realised just how much of a toll the pressure was having on my health and life in general.

I do hope for a brighter future for claimants, that the process of claiming is fairer, that we don't have to constantly prove that our disabilities aren't going to magically disappear, that we aren't put under so much pressure, that we can stop living in fear of having our support system arbitrarily collapse for spurious reasons or a inept assessment report. We all hope. In the meanwhile we have B&W, without which some of us would not be as successful as we have been.

Got the fire hydrants, lol

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3 years 1 month ago #266526 by Gary
Hi naheegan

Don't forget to claim PCG if you are eligible, check out the following website; www.gov.uk/pension-credit, you can ask for a backdate to when SP started if you are eligible.

Gary

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