DLA to PIP when you are over pensionable age

Hi Derek

It all depends on your date of birth, if your DOB was pre 08/04/1948 then nothing will happen, if you are not on the highest Care component and your health deteriorated then you may be able to claim a higher component but not mobility.

If you were born after 08/04/48 then at some stage you will be asked to apply for PIP, during covid this was put on halt but it is starting up again.

PIP is not awarded because of the condition but rather the limitations that result and prevent a claimant from completing a range of everyday activities.

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.

If you are asked to apply for PIP, we have a very comprehensive PIP guide. If you look through that, it will give you some idea of how you might answer questions.

www.benefitsandwork.co.uk/help-for-claimants/pip#claims

Gary