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Woman who were on State Pension before PIP.

  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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9 years 8 months ago - 9 years 8 months ago #123843 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Woman who were on State Pension before PIP. was created by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Many women on DLA, including my wife were on State Retirement Pension at 60 years of age but will still be subject to PIP in due course. According to DWP, only those of working age, i.e.. 16 to 64 on DLA will be forced to claim PIP.

However, as the State Retirement age for woman, including for my wife was 60 years of age long before PIP was thought of.

If they were on State Retirement Pension at 60 years of age how can they be classed as of 'working age' (16-64 for PIP) when they are already retired and receiving State Pension.

I believe that trying to make retired women who retired at 60 years of age be classed as of working age and forced if on DLA indefinitely to claim PIP in due course has been a mistake.

Could anyone clarify the position ? How can a woman who retired at 60 years of age be classed as being of 'working age' I may seek Judicial Review of these unfair regulations !

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Last edit: 9 years 8 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law). Reason: corrected typo.

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9 years 8 months ago - 9 years 8 months ago #123845 by Gordon
Replied by Gordon on topic Woman who were on State Pension before PIP.
Jim

The PIP legislation makes no reference to the phrase "working age", the DWP may have used the phrase in some of their documentation, likely due to the increase in the women's State Retirement Age to 65 and beyond, but it has no legal status.

The Upper Age Limit for claiming PIP is State Retirement Age, or 65; whichever is the higher.

I am afraid I don't how see this is any different from what the situation was with DLA, where a woman who had already reached SRP but was still under 65 could still claim DLA.

Gordon

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Last edit: 9 years 8 months ago by Gordon.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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9 years 8 months ago #123863 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Woman who were on State Pension before PIP.
Thanks Gordon for taking the time to reply. I read somewhere but didn't make a note of it ,that DLA claimants who were under 65 when PIP was introduced, but were 65 or over when DWP get round to doing their assessment would stay on DLA and not be moved to PIP. That would apply to many women, including Pat.

I was over 65 when PIP was introduced, so will stay on DLA and not be asked to move to PIP.

I feel sorry for the DWP grass roots staff who will have to deal with 4 separate scenarios, i) dealing with new PIP claims, ii) dealing with DLA claimants 16-64 when PIP was introduced, who will be at some future date be asked to claim PIP instead, iii) People like myself over 65 when PIP was introduced who will remain on DLA, and finally current DLA claimants who lose their mobility component, but keep their care component will have to claim Attendance Allowance. It will be a bureaucratic nightmare :ohmy:

As an aside, I've just been reading an article in the Guardian which states that to date only 6,000 claimants are in receipt of Universal Credit (UC). Unless the current system for UC is changed, it will take over 2,000 years to move people off the benefits they're on now and move them onto UC !

Thanks again,

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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9 years 8 months ago #123867 by Gordon
Replied by Gordon on topic Woman who were on State Pension before PIP.
Jim

Unless the transfer legislation is modified, which seems unlikely before the next election, then all DLA claimants who were under 65 on 8 April 2013 will be invited to claim PIP, even though they may be over 65 when asked to do so.

You will have to forgive me but I do not understand why DLA claimants over 65 who lose their Mobility component will have to claim AA, surely they will continue to receive their current award of DLA Care?

Gordon

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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9 years 8 months ago #123881 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Woman who were on State Pension before PIP.
Gordon,

As DLA is one benefit, I thought Pat would have to claim AA, if she loses her DLA mobility. Are you saying she would still be paid DLA care, as her needs haven't changed.

All very complex !!

Thanks,

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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9 years 8 months ago #123883 by Gordon
Replied by Gordon on topic Woman who were on State Pension before PIP.
Jim

Unless the DWP decided that a claimant no longer met the criteria for their DLA Care award as well a the Mobility then it will remain in payment, this is no different for the over 65's claiming DLA than it is for those under 65.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)

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