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DLA to PIP over 65
- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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8 years 8 months ago #139861 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic DLA to PIP over 65
Sorry Gordon,
I did misread your original reply. I added the bit on DLA Mobility criteria as the original poster stated " The person is over 65 now but was under 65 when PIP was introduced."
I was just trying to make the point that it does not stop them from asking for PIP mobility component. Sorry about stating it was 25 yards, it was a typo. It is of course just 20 yards.
I did misread your original reply. I added the bit on DLA Mobility criteria as the original poster stated " The person is over 65 now but was under 65 when PIP was introduced."
I was just trying to make the point that it does not stop them from asking for PIP mobility component. Sorry about stating it was 25 yards, it was a typo. It is of course just 20 yards.
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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- Bill24chev
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8 years 8 months ago #139898 by Bill24chev
Replied by Bill24chev on topic DLA to PIP over 65
Am I right in thinking that the criterion to be awarded the Middle and Higher rates of Care for DLA are the same as the Lower and Higher rates of care for AA.
Therefore if a transfer to PIP is disallowed but the claimants circumstances remain the same and they are over 65 won't they be entitled to AA without too much difficulty. The DWP would surely have to show a change of circumstances to not award AA!
Also if DLA Higher Mobility was being paid could they also appeal that element of PIP. What I am saying is can a person in these Circumstances, who had ongoing DLA mobility before 65 go to FTT get PIP enhanced mobility instated and still get AA Care?
Therefore if a transfer to PIP is disallowed but the claimants circumstances remain the same and they are over 65 won't they be entitled to AA without too much difficulty. The DWP would surely have to show a change of circumstances to not award AA!
Also if DLA Higher Mobility was being paid could they also appeal that element of PIP. What I am saying is can a person in these Circumstances, who had ongoing DLA mobility before 65 go to FTT get PIP enhanced mobility instated and still get AA Care?
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- Gordon
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8 years 8 months ago #139902 by Gordon
The criteria for AA Medium Rate Care and Higher Rate Care are the same as those for DLA however the assessment criteria take far more account of age related illnesses, so I don't think you can assume that a DLA award would be automatically translated into an AA award, you also have to bear in mind that this would be a new claim so the "rules" surrounding a Change of Circumstances do not apply and the claimant will be assessed from scratch.
If an award of PIP Mobility was made and no Daily Living award was made, even after appeal, then a claimant can make a claim for AA and can receive AA Care and PIP Mobility.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP over 65
Bill24chev wrote: Am I right in thinking that the criterion to be awarded the Middle and Higher rates of Care for DLA are the same as the Lower and Higher rates of care for AA.
Therefore if a transfer to PIP is disallowed but the claimants circumstances remain the same and they are over 65 won't they be entitled to AA without too much difficulty. The DWP would surely have to show a change of circumstances to not award AA!
Also if DLA Higher Mobility was being paid could they also appeal that element of PIP. What I am saying is can a person in these Circumstances, who had ongoing DLA mobility before 65 go to FTT get PIP enhanced mobility instated and still get AA Care?
The criteria for AA Medium Rate Care and Higher Rate Care are the same as those for DLA however the assessment criteria take far more account of age related illnesses, so I don't think you can assume that a DLA award would be automatically translated into an AA award, you also have to bear in mind that this would be a new claim so the "rules" surrounding a Change of Circumstances do not apply and the claimant will be assessed from scratch.
If an award of PIP Mobility was made and no Daily Living award was made, even after appeal, then a claimant can make a claim for AA and can receive AA Care and PIP Mobility.
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), Bill24chev
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