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PIP/AA combined?

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2 days 12 hours ago #298549 by Leanne2730
PIP/AA combined? was created by Leanne2730
If someone has enhanced mobility and no care element but starts to need care - yet they in receipt of state pension - can they apply for AA? I understand they can't ask for a PIP review to claim the care element because they receive SP?Also if that person had lost their care element in a review just before getting state pension and didn't appeal is the process different?
If anyone could shed some light I would be most grateful. Tia

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2 days 8 hours ago #298558 by LL26
Replied by LL26 on topic PIP/AA combined?
Hi Leanne2730,
There may be a possibility of still appealing the PIP decision, provided that this was no longer than 13 months ago. If this is the case you would need to show reasons why a late appeal should be allowed. Good reasons might be illness, difficult family circumstances such as bereavement, incorrect advice given by an advisor about being able to appeal. If you are within the time appeal, explaining your reasons for being late. You may be successful in regaining the mobility element and arguing for daily living (care). It doesn't matter thst you are now over pension age if still within the 13 mth post decision time period. If successful your PIP award can then continue onwards until such time as you no longer meet the requirements to gain sufficient points or are long term in hospital or care home.
Whilst a daily living element can be upgraded from standard to enhanced anytime after state pension age, the mobility element can never be increased. AA does not have a mobility element.
If you are outside the absolute 13 mth time limit you will have to claim AA. There is no time limit to apply for this.
Please note that AA requires you to show that you need various care needs- physical attention and /or supervision. Although there is no mobility element, help needed for walking or generally getting around would be included as a care need.
I hope this helps.
LL26

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

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1 day 22 hours ago #298585 by Leanne2730
Replied by Leanne2730 on topic PIP/AA combined?
Thank you for the reply. I am afraid I did not explain properly. I had mobility at enhanced and care at standard in the run up to receiving SP. At review just before pension age I lost the care element. However I was successful at MR and it was reinstated a month before I received SP. I am asking a What If question. If I had not been successful at MR or tribunal could I then at a later date have claimed care because I was still holding the enhanced mobility or was that chance to apply for care then lost for good? Could someone claim enhanced mobility on PIP and then claim the care allowance on AA if the chance to claim care on PIP had been lost for ever. This would mean if it were possible that mobility would not have been lost - I am asking if can care be applied for from nothing to standard or enhanced after the age of SP or is the only change possible from standard to enhanced or being taken away - thank you

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1 day 9 hours ago #298606 by LL26
Replied by LL26 on topic PIP/AA combined?
Hi Leanne2739,
You can only get either PIP if you have this before state pension age or AA if you don't have PIP already, and are past SP age. One or other not both.
If you have no daily living award with PIP pre SP or have only standard award this can be updated. It is only mobility that can't be updated after SP age.
I hope this clarifies.
LL26

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