Confounded and afraid to rock the PIP boat

Hi DM

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is.

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Sorry to hear about your plight, unfortunately we do come across your situation quite often.

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

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.

Do go through our guides and make sure you have answered the questions pertaining to the PIP criteria because it is harder to be awarded it than the old DLA.

www.benefitsandwork.co.uk/help-for-claimants/pip

Your primary task is to show that you meet the criteria for PIP.

If you have any further questions then do come back to the forum.

Gary