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DLA switch to PIP or can i switch to AA

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1 year 8 months ago #279718 by slcook10
DLA switch to PIP or can i switch to AA was created by slcook10
My uncle who is 73 has got DLA high rate mobility for life I thought he was getting care as well but he wasnt contacted DLA and they said its a change of circumstance and they sent form which i helped him complete & sent it back He recieved a letter back saying he has to claim PIP and will have to have a medical etc & he has 28 days to complete or lose his payment of DLA which i belive if he applies for PIP he will continue to get the DLA payment till he gets his decision.
DLA were not helpfull when he rang and all in all he was waiting over 75mins to answer and when he did get through and said that he gives my mum permission to deal with the claim and issues (he has severe COPD & finds it difficult to speak).She wouldnt really discuss anything with her and wouldnt let her ask any questions etc she just kept saying he needs to apply for PIP otherwise his other benefits would be stopped
My question is why cant he apply for AA as he is 72 years old and they continue his DLA till he gets the AA as i know PIP is very stress full & as hes above pension age
Can he backdate the form to when he applied for change in circumstances for DLA ?

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1 year 8 months ago #279738 by Gary
Replied by Gary on topic DLA switch to PIP or can i switch to AA
Hi slcook10

I will try and explain DLA, AA and PIP

DLA and AA are the same benefit with the exception that there is no mobility component with AA.

AA is a disability benefit for claimants who are not in receipt of DLA or PIP and are of state pension age.

All DLA claimants born on or after the 08/04/1948 will be reassessed for PIP at some stage, claimants born before 08/04/1948 will not have their claim looked at, so if you have an indefinite or life award you will not be reassessed.

As your Uncle is aged 73 then he will have to undergo a PIP assessment at some stage.

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.

Now in terms of what should you do. You should have a look at the PIP guide and tackle one question at a time. Yes, it can seem overwhelming, but you have to give it your best shot. Try and put the embarrassment aside. You must give them as clear a picture of the limitations that your uncle has caused by his conditions as possible. benefitsandwork.co.uk/guides-for-claimants/pip

When it comes to describing the problems your uncle 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 he 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 he has and map them onto the activities, so physical problems might mean that your uncle has problems with peeling and cutting, mental health problems might mean that he doesn't actually get the food out in the first place, cognitive problems might mean that he does not select appropriate food or check that it is still in date.

For each combination explain why he is affected, how and whether help from an aid of a person would allow him to complete the activity, there is a formula in the guide for each activity of the things to include.

Lastly, when you are thinking about each activity, consider whether the problem he has would impact on his ability to do another activity. So physical problems with preparing food may also mean he has problems with washing and dressing, mental health problems may also impact on these activities and cognitive problems may mean that he needs help with money.

Don't try to tackle it all at once, as it can be very daunting.

Gary

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

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