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PiP assessments for DLA recipients nearing 65yrs
- tctony
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10 years 1 month ago - 10 years 1 month ago #118627 by tctony
PiP assessments for DLA recipients nearing 65yrs was created by tctony
I fall into the group of existing DLA recipients whom will reach retirement age[65] after the 8th April 2013. Department of works and pensions have recently informed me that, if I reach the age of 65 before the reassessment for PIP, I will be treated as if I'm under 65yrs of age for the purpose of the reassessment?
As you know the criteria for claiming PIP is age 16-64. At 65 I will be too old to claim but the department of works and pensions intend to bend the rules.
I believe this may be illegal, does anyone know for sure? The fact is if I'm 65 I fall outside their own rules and should in my mind retain my DLA award as other pension aged claimants have.
Would be very interested in others views and comments.
As you know the criteria for claiming PIP is age 16-64. At 65 I will be too old to claim but the department of works and pensions intend to bend the rules.
I believe this may be illegal, does anyone know for sure? The fact is if I'm 65 I fall outside their own rules and should in my mind retain my DLA award as other pension aged claimants have.
Would be very interested in others views and comments.
Last edit: 10 years 1 month ago by Gordon.
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- Gordon
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10 years 1 month ago - 10 years 1 month ago #118629 by Gordon
I am afraid it is not illegal as it is specifically covered in the PIP Transitional Regulations which cover moving claimants from DLA to PIP.
You will not be able to retain your current DLA award in the long term and you will be invited to claim PIP either when your current DLA award expires or at sometime after 2015 if it is an indefinite award.
The only factor likely to effect this is whether you are in an active PIP area and have a fixed term DLA award, where you may be re-assessed for DLA, but even if this is the case any new DLA award will still be subject to a transfer to PIP at sometime in the future.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PiP assessments for DLA recipients nearing 65yrs
tctony wrote: I fall into the group of existing DLA recipients whom will reach retirement age[65] after the 8th April 2013. Department of works and pensions have recently informed me that, if I reach the age of 65 before the reassessment for PIP, I will be treated as if I'm under 65yrs of age for the purpose of the reassessment?
As you know the criteria for claiming PIP is age 16-64. At 65 I will be too old to claim but the department of works and pensions intend to bend the rules.
I believe this may be illegal, does anyone know for sure? The fact is if I'm 65 I fall outside their own rules and should in my mind retain my DLA award as other pension aged claimants have.
Would be very interested in others views and comments.
I am afraid it is not illegal as it is specifically covered in the PIP Transitional Regulations which cover moving claimants from DLA to PIP.
You will not be able to retain your current DLA award in the long term and you will be invited to claim PIP either when your current DLA award expires or at sometime after 2015 if it is an indefinite award.
The only factor likely to effect this is whether you are in an active PIP area and have a fixed term DLA award, where you may be re-assessed for DLA, but even if this is the case any new DLA award will still be subject to a transfer to PIP at sometime in the future.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 1 month ago by Gordon.
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law), tctony
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