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PIP Mobility Element after State Pension Age
- Kibris
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3 days 18 hours ago #310737 by Kibris
PIP Mobility Element after State Pension Age was created by Kibris
Hi,
I have been informed that you can't claim the mobility element of PIPs if you receive an old age pension.
This, in my view, discriminates against OAPs, as mobility needs should not be restricted to an age range. I wonder if this could be viewed as age discrimination under the Equalities Act. Does anybody else agree, and if they do, is it worth challenging DWP somehow?
I have been informed that you can't claim the mobility element of PIPs if you receive an old age pension.
This, in my view, discriminates against OAPs, as mobility needs should not be restricted to an age range. I wonder if this could be viewed as age discrimination under the Equalities Act. Does anybody else agree, and if they do, is it worth challenging DWP somehow?
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- BIS
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17 hours 13 minutes ago #310779 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Mobility Element after State Pension Age
Hi Kibris
These are the rules for the mobility component of PIP when a person reaches State Pension Age
1. If a claimant has an enhanced mobility award already in place when they reach SPA, they will continue to receive their enhanced mobility award as long as they meet the criteria, regardless of how many more birthdays they have.
2. If a claimant has a standard mobility award already in place when they reach SPA, they will continue to receive their standard mobility award as long as they meet the criteria, regardless of how many more birthdays they have. However, they cannot have their mobility award increased from standard to enhanced.
3. If a claimant does not have a mobility award of any kind when they reach SPA - they cannot be awarded the mobility component at any time. So claimants who already have a care element when they reach SPA will continue to receive that - but no mobility.
4. If a person has reached SPA and they don't already have a PIP award in place, they cannot claim PIP, and they have to claim Attendance Allowance, which does not have a mobility element in place.
If there was any chance that this could have been successfully challenged on the grounds of discrimination, some of the major disability charities would have done so.
BIS
These are the rules for the mobility component of PIP when a person reaches State Pension Age
1. If a claimant has an enhanced mobility award already in place when they reach SPA, they will continue to receive their enhanced mobility award as long as they meet the criteria, regardless of how many more birthdays they have.
2. If a claimant has a standard mobility award already in place when they reach SPA, they will continue to receive their standard mobility award as long as they meet the criteria, regardless of how many more birthdays they have. However, they cannot have their mobility award increased from standard to enhanced.
3. If a claimant does not have a mobility award of any kind when they reach SPA - they cannot be awarded the mobility component at any time. So claimants who already have a care element when they reach SPA will continue to receive that - but no mobility.
4. If a person has reached SPA and they don't already have a PIP award in place, they cannot claim PIP, and they have to claim Attendance Allowance, which does not have a mobility element in place.
If there was any chance that this could have been successfully challenged on the grounds of discrimination, some of the major disability charities would have done so.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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