State Pension and Dla

Hi Firesprite

You do not need to do anything for now, your DLA will carry on for the time being, you will at some stage be asked to apply for PIP even though you are over 65. Have a look at our very good guides www.benefitsandwork.co.uk/help-for-claimants/pip which will give you an insight to what will happen and you can prepare yourself.

Depending on your circumstances you may be eligible to claim Pension Credits but this is not something we cover on this forum and you may need to seek advice from your local welfare rights agency.

You cannot be awarded the Mobility as a new or an increased award after you reach the relevant age with the exception of the initial transfer from DLA to PIP where the age restriction is suspended. The relevant age is 65 or State Retirement Age, whichever is the higher.

If you have a Mobility award before the relevant age then you can continue to receive it after as long as you continue to meet the criteria.

The way DLA was awarded is different from how PIP is.

PIP was engineered to be a more difficult to award than DLA, many DLA claimants will receive vastly reduced awards or even no award at all on transfer.

DLA looks at generic care needs in regard to bodily functions, PIP looks at the claimants specific ability to carry out an activity such as eating. DLA was awarded because the claimant needed an amount of care (in time) during the day, the night of both, to help them with that bodily function. PIP looks at the claimant's ability to complete specific tasks within the activity and is points-based, these are clearly defined and it is easy not to score points because the claimant has not shown that they meet those specific criteria.

DLA treated the use of aids as a reason to reduce the amount of care needed, PIP treats aids as an indication of disability and in general they score extra points.

DLA's care need was reasonably generic, PIP treats prompting, assistance and supervision as different activities and as a result, they can score different points.

DLA required that the care was required for the majority of the time, for PIP it is the majority of days.

For PIP activities must be completed reliably, this means

• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.

Although DLA considers these terms, they are poorly defined as they are implemented through Case Law rather than being defined in the legislation as they are for PIP.

Referring to any more recent evidence you have is more useful when applying for PIP.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gary