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D’la to pip
- az
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2 years 6 months ago #272332 by az
D’la to pip was created by az
Hi we made the phone application for pip after our daughter turned 16 we are waiting for the the form to arrive but the payment for dla have stopped.when we contacted the dwp they said they have to receive the form first then they will reinstall the dla payment. Is it correct?
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- Gary
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2 years 6 months ago #272354 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic D’la to pip
Hi az
It is not something I am aware of, other forum members may know better.
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.
You should have a look at the PIP guide and tackle one question at a time. You must give them as clear a picture of the limitations that your daughter has caused by their conditions as possible.
When it comes to describing the problems your daughter has you need to think of three things at every question.
Think about breaking the activity down into smaller components where you can identify problems that she would have.
So for Preparing Food; you can break it down into preparing the food and cooking it, you can break preparing the food down into; selecting the right food, checking that it is still good to use, washing it, peeling and cutting as necessary.
Then think of the problems that she has and map them onto the activities, so physical problems might mean that have problems with peeling and cutting, mental health problems might mean that she don't actually get the food out in the first place, cognitive problems might mean that she does not select appropriate food or check that it is still in date.
For each combination explain why she is affected, how and whether help from an aid of a person would allow her to complete the activity, there is a formula in the guide for each activity of the things to include. benefitsandwork.co.uk/guides-for-claimants/pip
Lastly, when you are thinking about each activity, consider whether the problem she has would impact on her ability to do another activity. So physical problems with preparing food may also mean she has problems with washing and dressing, mental health problems may also impact on these activities and cognitive problems may mean that she needs help with money.
Don't try to tackle it all at once. If you have any further questions then please come back to the forum.
Gary
It is not something I am aware of, other forum members may know better.
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.
You should have a look at the PIP guide and tackle one question at a time. You must give them as clear a picture of the limitations that your daughter has caused by their conditions as possible.
When it comes to describing the problems your daughter has you need to think of three things at every question.
Think about breaking the activity down into smaller components where you can identify problems that she would have.
So for Preparing Food; you can break it down into preparing the food and cooking it, you can break preparing the food down into; selecting the right food, checking that it is still good to use, washing it, peeling and cutting as necessary.
Then think of the problems that she has and map them onto the activities, so physical problems might mean that have problems with peeling and cutting, mental health problems might mean that she don't actually get the food out in the first place, cognitive problems might mean that she does not select appropriate food or check that it is still in date.
For each combination explain why she is affected, how and whether help from an aid of a person would allow her to complete the activity, there is a formula in the guide for each activity of the things to include. benefitsandwork.co.uk/guides-for-claimants/pip
Lastly, when you are thinking about each activity, consider whether the problem she has would impact on her ability to do another activity. So physical problems with preparing food may also mean she has problems with washing and dressing, mental health problems may also impact on these activities and cognitive problems may mean that she needs help with money.
Don't try to tackle it all at once. If you have any further questions then please come back to the forum.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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2 years 6 months ago #272373 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic D’la to pip
az
You don't say which form you are waiting on; a PIP1 to make a claim for PIP or a PIP2 How Your Disabilities Effect You form.
Unless you are returning the PIP1 form late then there is no reason why your daughter's DLA should have been stopped, the Transfer Legislation does not allow this.
However, if the PIP1 has not been returned by the Required Date and there has been no extension of the Date then the DLA will be suspended until it is received.
There are similar conditions for returning the PIP2 although it is more normal for an extension to be offered during this part of the process.
Don't assume the call centre staff have knowledge of the legislation and may be making assumptions of what is going on. you need to contact the DWP for an explanation if you are still within the period given for returning the form by the DWP.
Gordon
You don't say which form you are waiting on; a PIP1 to make a claim for PIP or a PIP2 How Your Disabilities Effect You form.
Unless you are returning the PIP1 form late then there is no reason why your daughter's DLA should have been stopped, the Transfer Legislation does not allow this.
However, if the PIP1 has not been returned by the Required Date and there has been no extension of the Date then the DLA will be suspended until it is received.
There are similar conditions for returning the PIP2 although it is more normal for an extension to be offered during this part of the process.
Don't assume the call centre staff have knowledge of the legislation and may be making assumptions of what is going on. you need to contact the DWP for an explanation if you are still within the period given for returning the form by the DWP.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Gary, SUE C C
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