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Should I transfer from DLA to PIP before I reach pension age?

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2 days 9 hours ago #313096 by CatherineS2
I'm 65, on DLA higher rate mobility and have a Motability car.

I know that the general advice is to remain on DLA until I have to transfer to PIP.
But I recently read that once you reach pension age you have to apply for attendance allowance, which does not entitle you to Motability, unless you already had Motability on PIP.

I'm wondering whether it would be better for me to switch to PIP within the next 2 years?

Any advice would be welcome - thanks!

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10 hours 29 minutes ago - 10 hours 23 minutes ago #313112 by BIS
Hi CatherineS2

I think you will find that you ought to move, and you need to do it quickly. I am going to tell you the worst-case scenario, not because I want to scare you, but you need to understand the possible consequences of both acting now and acting later.

Rules for PIP (applies to all claimants)

1. If a claimant has been awarded PIP daily living (standard or enhanced) and PIP mobility (standard or enhanced) before they reach SPA (State Pension Age) their PIP will continue to be paid regardless of their age - as long as they still meet the criteria.

2. If a claimant has been awarded PIP daily living (standard or enhanced) and PIP mobility (standard) before they reach SPA (State Pension Age) their PIP will continue to be paid regardless of their age (as long as they meet the criteria) - but their standard mobility award cannot be increased to enhanced even if their mobility has deteriorated. If their care needs have increased and they only have a standard award, it can be increased to enhanced after SPA.

3. If a claimant has been awarded PIP daily living only (standard or enhanced), before they reach SPA (State Pension Age), it will continue to be paid regardless of their age, as long as they still meet the criteria. If their care needs have increased and they only have a standard award, it can be increased to enhanced after SPA.

4. If a claimant has been awarded PIP mobility only (standard or enhanced), before they reach SPA (State Pension Age), it will continue to be paid regardless of their age, as long as they still meet the criteria. If their mobility has deteriorated and they only have a standard award, it cannot be increased after SPA.

5. If a claimant has not been awarded PIP daily living or PIP mobility before they reach state pension age - they will be refused PIP and told to apply for Attendance Allowance.

Scary bit:

You have a higher rate mobility award and are dependent on your motobility car. I would hope that it would mean you would also get enhanced mobility for PIP, but there is no guarantee, and some claimants have found that they were not awarded enhanced as they expected. The criteria for the two awards are not identical, and PIP is harder to obtain.

Migrating from DLA to PIP now - The good

If you ask the DWP to apply now, I assume they will send you out a form to apply. This means you will have plenty of time to get a new award in place. It could happen quickly or it could take many weeks. (It's impossible to know).

Migrating from DLA to PIP now - The not-so-good

Worst-case scenario - and you didn't get enhanced mobility - you would suddenly find yourself without a car. However, you would have plenty of time to put in for a Mandatory Reconsideration and possibly an Appeal before you reach SPA

Leaving it to the DWP to migrate you across - the unknown

I can't tell you whether if the DWP move you across to PIP, you will automatically be given an enhanced mobility award, thereby protecting your motobility car. Some people were migrated across and an award given without them doing anything else - but it was not clear why this happened to some people and not others. Some people were very happy with their awards - some less so.

The Biggest Risk of Acting Later

If you act later and there is any issue over your enhanced mobility award - you could find there is no time to fight it. Some people have found that even though they started the fight before they reached SPA, the result came through after they reached SPA, and they were told they no longer fulfilled the age criteria for PIP mobility.

What should you do next?
First thing is to read the Guide to PIP claims and reviews, look at the mobility section, and make sure that you understand the criteria and how you meet them. If you have no doubt that you will be awarded enhanced mobility, it's a no-brainer, and you should apply now and get it sorted as soon as possible.

If you have any doubts about what evidence they want or the questions they are asking, come back and ask, and we will try to help or go and talk to a specialist welfare in your area (if you can find one)

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 hours 23 minutes ago by BIS.

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