DLA to PIP - Autism and anxiety

Hi Oscarab

The first question I would ask you is are your gd appointee; www.gov.uk/become-appointee-for-someone-claiming-benefits if you are then you can talk to DWP on gd's behalf.

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.

Make sure you read our guide for claiming PIP; benefitsandwork.co.uk/guides-for-claimants/pip

Gary

Hi Oscarab

If you are her appointee, I would ring and politely remind them that this gives you the 'power' to speak on her behalf and that she's not able to take part in a video call. I know several appointees that have done assessments recently on behalf of their loved ones, and the claimant has never said anything, and, in all cases, the claimants were not present in the room when the assessment took place. They did make sure that was agreed upon beforehand. One of the reasons for not having the claimants present is that they can be upset by something you, as the appointee, may have to say, which could have a detrimental impact on their mental health.

BIS