New benefit rules

Hi silverstar

From the information you have posted, I can confirm that you will be affected in what is in this weeks budget.

As you are under state pension age, you will at sometime in the future be asked to apply for PIP even though you receive indefinite DLA. We have heard from quite a number of members who were receiving DLA (indefinite) only to get zero points when they applied for PIP.

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 don't say which ESA you are receiving, but unless you are on CB ESA then again sometime in the future you will be asked to apply for Universal Credit.

Gary

silverstar

I think it unlikely that ESA(CB) and New Style ESA will be left unaffected, however, the White Paper does not include any details of how these benefits will change.

The other Mods are reporting a delay until 2028 but I cannot find any definitive source for this.

Gordon