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Will PIP affect me?

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11 years 4 months ago - 11 years 4 months ago #103120 by minky93
Will PIP affect me? was created by minky93
Hi!
Below is taken from the Gov website:-

There are no plans to replace DLA for children under 16 and for people who were aged 65 and over on 8 April 2013 who are already receiving DLA.

We are committed to supporting disabled people to lead independent and active lives. We introduced a new benefit called Personal Independence Payment (PIP) from April 2013 to replace Disability Living Allowance (DLA) for eligible working age people aged 16 to 64.

There are no plans to replace DLA for children under 16 and for people who were aged 65 and over on 8 April 2013 who are already receiving DLA.

I am female and appear to be in an awkward position because the above statement assumes the new working age for women is 65, I fall into the transition period because I received my STATE pension in March last year only just missing out on receiving my state pension at 60 because I was born in March 1951 and had to wait until I was just short of my 61st birthday before receiving my pension.

I put my date of birth into the check how PIP affect you checker on the Gov website and according to them it will affect me. See below:-

You shouldn’t be affected by Personal Independence Payment (PIP) until 2015 or later, but there are some exceptions.
You’ll be asked to make a claim for PIP if after October 2013:
• there’s a change in how your condition affects you
• your Disability Living Allowance award is due to end and you haven’t received a renewal letter
Unless either of these happen – you don’t need to do anything. You’ll get a letter in 2015 or later explaining:

I am confused as in one breath they say for working age people then contradict themselves, I do not think they have taken into account the people in the transition to the 65 working age for women.

I wondered if someone could clarify my situation, do you think the new rules will affect me? as I am not of working age & currently in receipt of the State Pension and in receipt of DLA indefinitely.

Many thanks!

Hilary
Last edit: 11 years 4 months ago by slugsta.

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11 years 4 months ago - 11 years 4 months ago #103122 by slugsta
Replied by slugsta on topic Will PIP affect me?
PIP will affect everyone who was under 65 on 8th April this year, whether or not you have actually reached state retirement age.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 4 months ago by slugsta. Reason: tick
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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 4 months ago #103131 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Will PIP affect me?
Hi Mrs HB,

I can confirm what you state is 100% correct. My wife Pat reached the age of 64 years of age in July 2012. She retired when she was 60 years of age and receives State Pension.

However, she will still have to undergo a reassessment of her indefinite award of DLA for PIP at some time in the future. From DWP sources this could now be as late as 2017.

Best regards.

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 years 4 months ago - 11 years 4 months ago #103166 by minky93
Replied by minky93 on topic Will PIP affect me?
Thank You! so much for your replies.

I still don't understand how this can affect people in receipt of a state pension as it clearly states on the Government website that Personal Independence Payment (PIP) from April 2013 to replace Disability Living Allowance (DLA) for eligible working age people aged 16 to 64. The emphasis being on working age people.

I am wondering if this would hold up in a court of law? surely they can't say it is for working age people then include people that are not of working age.

Your further thoughts would be appreciated...

Hilary x
Last edit: 11 years 4 months ago by Gordon.

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11 years 4 months ago #103168 by Gordon
Replied by Gordon on topic Will PIP affect me?

Hilary wrote: Thank You! so much for your replies.

I still don't understand how this can affect people in receipt of a state pension as it clearly states on the Government website that Personal Independence Payment (PIP) from April 2013 to replace Disability Living Allowance (DLA) for eligible working age people aged 16 to 64. The emphasis being on working age people.

I am wondering if this would hold up in a court of law? surely they can't say it is for working age people then include people that are not of working age.

Your further thoughts would be appreciated...

Hilary x


It is really quite simple, the legislation refers to DLA claimants between the age of 16 and 65, there is no reference to working age, it is just something that the Government have chosen to use and has no legal standing in regard to defining who will be migrated to PIP.

Gordon

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 4 months ago #103170 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Will PIP affect me?
But PIP will only apply to those of working age between 16 and 64. So it's understandable why members are confused about working age., if they're already retired and paid State Pension.

On 6 April 2010, the State Pension age for women gradually started to increase from 60 according to a schedule which would raise it to 65, in line with men’s State Pension age, by 2020. This change affects all women born on or after 6 April 1950.

Men and women's state pension age will then gradually rise to 66 between 2024 and 2026.

The Pensions Bill includes proposals for increasing State Pension age quicker.

The Government wants to accelerate the increase in women's pension age so that it reaches 65 by November 2018 instead of by 2020.

The plan is then to raise men and women's pension age at the same rate so that it reaches 66 between December 2018 and April 2020, six years earlier than the current schedule allows.

You will not be affected by these new proposals if you are a woman born before 6 April 1953 or a man born before 6 December 1953.

These proposed changes to the original schedule need the approval of Parliament, so are not yet confirmed.

The Government are considering further increases to the State Pension age in the future to raise it from 66 to 68.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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