DLA-PIP or Attendance Allowance what do I do?

Hi MJW

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

Welcome to Benefits and Work

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Do not do anything just stay as you are until you are contacted by DWP, your DLA will continue after you reach State Pension age. At some stage you will receive an invite letter from DWP to apply for PIP, do not ignore the letter.

One of the first things is to understand the difference between DLA and PIP.

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 or 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.

PIP is not awarded because of the condition but rather the limitations that result and prevent a claimant from completing a range of everyday activities. Have a look at our PIP Claim guide for a better understanding of the criteria you will need to meet.

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

Read about the reliability element in the guide - if you cannot do something:

• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and acceptable standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a reasonable time period – no more than twice as long as a person without a physical or mental health condition would take to carry out the activity.

then you should not be considered able to do the activity.

We have had quite a few DLA claimants who were in receipt of high care and mobility indefinitely on the forum who have applied for PIP when asked to by the DWP and were then awarded zero points for both components. Make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.

If you have any further questions, then please return to the forum.

Gary