PIP over 65, old claiments and new

Hi to all.

I have been a member for some years, off and on, and in fact when I was still working as a youth worker and running a charity for those with PNI/PND as it helped me understand the benefits system so I could best advise others.

But I have never asked a question before

But this has come up for both me and a friend and usually I know the answer, but this one I do not.

Myself
I am 63 and on DLA - higher rate mobility, lower rate care . I well understand that as I was born in 1953, I will loose my DLA, as it no longer exists effectively, and will be 'invited' to apply for PIP. As I was not 65 after the DLA cut off date of 8 April 2013. i.e born after 8 April 1948.

My questions are:

If I am 'invited' to apply for PIP before I am 65 and by a slim chance I get it, as PIP is only claimable by those aged between 16 to 64, what happens when I reach 65???
Do I stay on PIP?
Do I have to try to claim Attendance allowance?
Do I indeed qualify for attendance allowance?
What happens if they do not get around to me before I am 65 in February 2018 - Which I feel is possible as hey have such a backlog - do I fall into a DLA/PIP benefits blackhole??
_______________________________

My friend:

Who is a little older, nearly 64, became very disabled suddenly, in the last few months and really now needs PIP, has never claimed any disability benefits before and won't apply for PIP as she is a very bright woman, has read everything she can find and is convinced if she does, as a new claim, it will stop a few months later when she reaches 65??

I was mostly trying to find the answer for her.
But it also made me look at my own situation and wonder?


We have read gov guidance; www.gov.uk/.../pip-briefing-people-over-65.pdf

Which answers nothing, either this or my brain can't understand it though all the, ifs and buts....


and www.carersuk.org/help-and-advice/financi...independence-payment

Which does say.....................
Note: You will not be able to make a new claim for PIP once you are 65 years old. If you are 65 or over and not getting DLA or PIP you can claim Attendance Allowance. However you will be able to stay on PIP if you claimed or received it before you reached the age of 65.

So if they are right I will at least be able to try to claim PIP even if they 'invite ' me too late - but not sure, even for me.

Sorry about the length of this. xxxx

Hi and welcome to the forum.

This is the relevant part of your quote

v wrote: Hi to all.


W However you will be able to stay on PIP if you claimed or received it before you reached the age of 65.

You will be contacted to claim PIP if you were 65 after the relevant date, even if you are over 65 by the time you receive the 'invitation'.

PIP will continue to be paid after the age of 65 as long as you remain entitled.

If you loose your DLA/PIP after the age of 65 you can apply for AA. AA does not have a mobility component.

Your friend should be able to apply for PIP as long as she has had her problem for 3 months and it is expected to last for a further 9 months at least. If she waits until she is 65, she will only be able to claim AA.

Have a look at our PIP guides

PIP help for claimants

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That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.

See : This Topic also !

Thanks in anticipation of your future co-operation in keeping all your PIP related queries to this topic !

Yes of course re -
Thanks in anticipation of your future co-operation in keeping all your PIP related queries to this topic !
I hope I posted in the right place?

thank you so much for your answer
I thought this was the answer but to be honest it is not made crystal clear in the stuff that is put out for the general public, like this for instance www.gov.uk/government/uploads/system/upl...g-people-over-65.pdf

Or even this - www.gov.uk/pip/how-to-claim.

OK it may seem clear if you are used to the system but not at all if you are not.

So no no wonder my friend thinks there is no point in claiming at 64 as she has read both of those and everything else she could find form official publications and honestly it is not at all clear, in fact it is totally fudged.

I think it is deliberately fudged as those who claim PIp before their 65th birthday, even if a day before, if they meet the criteria, could be on PIP for many years, until their death. And it wil pay not to make this clear.

I eventually went back to the original and still standing PIP legislation, which finally make it clear to anyone and spells it out

It says

In the current legislation 9 2013 but revised and still standing)
Part 6 Regulation 25
Provisions relating to age
Exceptions to section 83 where entitlement exists or claim made before relevant age

25. Section 83(1) of the Act (persons of pensionable age) does not apply where C has reached the relevant age if C —

(a)was entitled to an award of either or both components on the day preceding the day on which C reached the relevant age; or

(b)made a claim for personal independence payment before reaching the relevant age and that claim was not determined before C reached that age but an award of either or both components would be made in respect of C but for section 83(1) of the Act.

www.legislation.gov.uk/uksi/2013/377/part/6

But who read these things, except advisors like us??

Thanks V, yes, you posted in the right place Glad that I could help you clear that up.

Thank you for pointing this out xxxx