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Child turning 16. Moving from DLA to PIP: appointee question
- ThomasT123
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3 weeks 2 days ago #304007 by ThomasT123
Child turning 16. Moving from DLA to PIP: appointee question was created by ThomasT123
Hello.
I would welcome some advice/information about this situation please.
My son is shortly turning 16. He has been receiving DLA for several years. I have just received a letter from the DWP informing me that he will shortly need to apply for PIP.
The letter is asking if I wish to apply to be his appointee. I'm trying to weigh the pros and cons of this up.
I do think it's rather odd that children have to apply for PIP at 16 when they're still at school as some of the descriptors don't really seem appropriate for children. (I know there's a consultation about upping the age to 18 in the future.)
I don't think any 16 year old is really able to manage the complex benefits system and fill in forms describing their conditions. Are there are 'pit falls' I need to be aware of if I do/ don't apply to be his appointee?
If I'm not his appointee, can I still attend his PIP assessment? Speak on his behalf? I don't think he would speak to an assessor. He would likely sit there in silence. He also wouldn't be able to speak on the phone - but I believe if he gives permission, I could speak on his behalf?
Ideally I would like him to take ownership of his finances at some point as obviously I won't be around forever but 16 seems so young!
Many thanks for your time.
I would welcome some advice/information about this situation please.
My son is shortly turning 16. He has been receiving DLA for several years. I have just received a letter from the DWP informing me that he will shortly need to apply for PIP.
The letter is asking if I wish to apply to be his appointee. I'm trying to weigh the pros and cons of this up.
I do think it's rather odd that children have to apply for PIP at 16 when they're still at school as some of the descriptors don't really seem appropriate for children. (I know there's a consultation about upping the age to 18 in the future.)
I don't think any 16 year old is really able to manage the complex benefits system and fill in forms describing their conditions. Are there are 'pit falls' I need to be aware of if I do/ don't apply to be his appointee?
If I'm not his appointee, can I still attend his PIP assessment? Speak on his behalf? I don't think he would speak to an assessor. He would likely sit there in silence. He also wouldn't be able to speak on the phone - but I believe if he gives permission, I could speak on his behalf?
Ideally I would like him to take ownership of his finances at some point as obviously I won't be around forever but 16 seems so young!
Many thanks for your time.
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- BIS
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3 weeks 2 days ago #304041 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Child turning 16. Moving from DLA to PIP: appointee question
Hi ThomasT123
I can't tell you what to do here - you need to go with what feels right for you and your son. I have family members who have appointees and I would recommend it for anyone who needs it. It means you can save him from an assessment and you can carry it out on his behalf. If you are not an appointee, you can attend an assessment, but how much you are allowed to speak will depend on the assessor and there are some who insist on speaking to the claimant and don't allow parents to say that much. It doesn't sound as if your son would be able to cope with that, and he would immediately be at a disadvantage. I understand that you want him to have more independence, but you can do that gradually while still protecting him from the vagaries of the benefits system.
Follow your gut instinct and do what feels right for your son and yourself.
BIS
I can't tell you what to do here - you need to go with what feels right for you and your son. I have family members who have appointees and I would recommend it for anyone who needs it. It means you can save him from an assessment and you can carry it out on his behalf. If you are not an appointee, you can attend an assessment, but how much you are allowed to speak will depend on the assessor and there are some who insist on speaking to the claimant and don't allow parents to say that much. It doesn't sound as if your son would be able to cope with that, and he would immediately be at a disadvantage. I understand that you want him to have more independence, but you can do that gradually while still protecting him from the vagaries of the benefits system.
Follow your gut instinct and do what feels right for your son and yourself.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Wendy Woo
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- ThomasT123
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3 weeks 2 days ago #304075 by ThomasT123
Replied by ThomasT123 on topic Child turning 16. Moving from DLA to PIP: appointee question
Thank you for taking the time to respond - and thank you for all you do to help support vulnerable people like my son.
Just to clarify - if I do decide it's in his best interest to apply to be his appointee, does that mean he won't be required to have a PIP assessment? I wasn't aware of that.
Also can I ask - do you know if all children transferring from DLA to PIP have an assessment? I have read that sometimes the decision is taken on the paper work? My son has an EHCP and attends a specialist school setting so we do have some fairly good evidence - although I know that doesn't necessarily mean much when dealing with the DWP!
Thanks again for your time.
Just to clarify - if I do decide it's in his best interest to apply to be his appointee, does that mean he won't be required to have a PIP assessment? I wasn't aware of that.
Also can I ask - do you know if all children transferring from DLA to PIP have an assessment? I have read that sometimes the decision is taken on the paper work? My son has an EHCP and attends a specialist school setting so we do have some fairly good evidence - although I know that doesn't necessarily mean much when dealing with the DWP!
Thanks again for your time.
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- BIS
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2 weeks 6 days ago #304153 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Child turning 16. Moving from DLA to PIP: appointee question
Hi ThomasT1123
No, your son will still have an assessment, but he won't have to be present if it's a telephone, video or face-to-face assessment. As his appointee you could hold the telephone assessment. Now, some assessors try to bypass this, but you hold firm and you tell them, as his appointee, they have no need to speak to him. (After all there is a reason why people have appointees).
One assessor tried telling one of our members in your position that it was a 'safeguarding issue' and they wanted to speak to her son. Fortunately, the member had posted here first and knew to say that if the assessor wished to raise a safeguarding issue with social services, she could. The assessor immediately backed off - because she knew she was over-reaching and the member held the telephone assessment on behalf of her son, which she is legally allowed to do as an appointee.
The chances are they will just move him across - but I can't find it written anywhere officially, so I would not want to misinform you.
BIS
No, your son will still have an assessment, but he won't have to be present if it's a telephone, video or face-to-face assessment. As his appointee you could hold the telephone assessment. Now, some assessors try to bypass this, but you hold firm and you tell them, as his appointee, they have no need to speak to him. (After all there is a reason why people have appointees).
One assessor tried telling one of our members in your position that it was a 'safeguarding issue' and they wanted to speak to her son. Fortunately, the member had posted here first and knew to say that if the assessor wished to raise a safeguarding issue with social services, she could. The assessor immediately backed off - because she knew she was over-reaching and the member held the telephone assessment on behalf of her son, which she is legally allowed to do as an appointee.
The chances are they will just move him across - but I can't find it written anywhere officially, so I would not want to misinform you.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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