- Posts: 4
× Members
DLA - PIP
- tomtom
- Topic Author
- Offline
Less More
17 hours 57 minutes ago #311369 by tomtom
DLA - PIP was created by tomtom
Hello
Things seem to be moving fast with my daughter's journey to PIP. She is 16 in January and currently has an award for DLA till 2027, which seems less likely everday. I got continuing apponteeship, without a visiting officer, after sending a letter from the Paediatrician stating my daughters profound learning disabilities and behaviour challenges won't improve with time.
However, I'd like to ask a couple more questions:
1) Do the DWP use DLA evidence submitted and uploaded on the system, as ongoing evidence for PIP
2) If not, is it possible to do a SAR or other request, as we have less professional information now she has got older.
Thank you
Things seem to be moving fast with my daughter's journey to PIP. She is 16 in January and currently has an award for DLA till 2027, which seems less likely everday. I got continuing apponteeship, without a visiting officer, after sending a letter from the Paediatrician stating my daughters profound learning disabilities and behaviour challenges won't improve with time.
However, I'd like to ask a couple more questions:
1) Do the DWP use DLA evidence submitted and uploaded on the system, as ongoing evidence for PIP
2) If not, is it possible to do a SAR or other request, as we have less professional information now she has got older.
Thank you
Please Log in or Create an account to join the conversation.
- latetrain
- Offline
Less More
- Posts: 9360
7 hours 17 minutes ago #311379 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic DLA - PIP
Hi tomtom
Question 1) I am not aware DWP will use DLA evidence for PIP as PIP descriptors are different from DLA.
The important thing for the parents to remember is that there is a big difference between DLA and PIP.
PIP was engineered to be more difficult to award than DLA and many DLA claimants will receive 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 claimant's 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.
Question 2) Not sure why you would make a SAR, unless you do not have a copy of the letter from the Paediatrician stating your daughters profound learning disabilities and behaviour challenges won't improve with time.
Gary
Question 1) I am not aware DWP will use DLA evidence for PIP as PIP descriptors are different from DLA.
The important thing for the parents to remember is that there is a big difference between DLA and PIP.
PIP was engineered to be more difficult to award than DLA and many DLA claimants will receive 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 claimant's 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.
Question 2) Not sure why you would make a SAR, unless you do not have a copy of the letter from the Paediatrician stating your daughters profound learning disabilities and behaviour challenges won't improve with time.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, latetrain, BIS, Catherine12345, Chris, David, Keely