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PIP from DLA
- kirsty3
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6 years 7 months ago #223120 by kirsty3
PIP from DLA was created by kirsty3
I have recently read that there is case law for people transferring from DLA to PIP The Upper Tribunal makes a decision that makes it clear that there should be a connection between the new PIP award and the previous DLA award . The tribunal has said that claimants should get an award of PIP which is similar to the award they had on DLA ...and where there is not there has to be good reason for not continuing with a similar award The test case that the Upper Tribunal looked at as ( CPIP/3272?2016 ) .
Is this true as if it is then people should not be losing their award.
What do you think?
Is this true as if it is then people should not be losing their award.
What do you think?
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- Gordon
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6 years 7 months ago #223132 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP from DLA
kirsty
Yes and no! What it says is that the DWP must justify why a similar award is not made but it recognises that the PIP criteria are very different from the DLA ones so there is no automatic assumption of an award.
As an obvious example; the criteria for DLA Higher Rate Care have no equivalent in PIP and DLA Higher Rate Mobility is equivalent to the PIP Standard rate.
This is also a Decision by a single Judge so it is not binding on the DWP, so it's an argument to make at appeal but if you have to go to appeal then you have already lost out.
Gordon
Yes and no! What it says is that the DWP must justify why a similar award is not made but it recognises that the PIP criteria are very different from the DLA ones so there is no automatic assumption of an award.
As an obvious example; the criteria for DLA Higher Rate Care have no equivalent in PIP and DLA Higher Rate Mobility is equivalent to the PIP Standard rate.
This is also a Decision by a single Judge so it is not binding on the DWP, so it's an argument to make at appeal but if you have to go to appeal then you have already lost out.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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