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Pip review

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3 years 1 month ago #267399 by munz
Pip review was created by munz
If you used to get the old style DLA which automatically got change to PIP and was on middle rate are low rate mobility The condition has got much worse as the DLA was from many years ago and now the person is an adult unable to work and receiving EESA. Do you stand a chance of loosing all the PiP if you ask for a review

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3 years 1 month ago #267412 by BIS
Replied by BIS on topic Pip review
Hi Munz

There is always a chance that when someone asks for a review they could lose their PIP, but how likely that is, I can't tell you. If a claimant's condition has worsened you would not expect them to lose their award. They can put in for a change of circumstances and that will automatically trigger a review. In the Guide to PIP Claims and Reviews, we have advice on how to fill out a review form. www.benefitsandwork.co.uk/help-for-claimants/pip

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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3 years 1 month ago #267468 by munz
Replied by munz on topic Pip review
Thank you it is a worry what to do as the condition has got much worse and on EESA support group. Just got a letter from the PIP,as it was a very old DLA claim and it does say the award is for an indefinite period. So that’s made me a bit more wondering what tomdom

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3 years 1 month ago #267510 by Gary
Replied by Gary on topic Pip review
Hi munz

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.

Follow the link on BIS post and use the guide to help you with the PIP form.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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