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Dla renewal for child which runs out 1 day before

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12 years 1 week ago - 12 years 1 week ago #103263 by karen
I have a child with Down syndrome whose dla runs out in aug the day before she's 16. I requested dla form and it was sent for a child under 16. The dwp have now sent me another renewal for child over 16?
Which form do I fill in and are the rules easier to get higher rate mobility which she gets now for behaviour if she's marked as a child under 16?
Last edit: 12 years 1 week ago by . Reason: Tick.

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12 years 1 week ago - 12 years 1 week ago #103283 by karen
Read my post and hope it didn't come out wrong!
Which form should I fill in its confusing because she is only 15, I don't know what to do ?
Last edit: 12 years 1 week ago by Gordon.

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12 years 1 week ago #103290 by Gordon

karen wrote: I have a child with Down syndrome whose dla runs out in aug the day before she's 16. I requested dla form and it was sent for a child under 16. The dwp have now sent me another renewal for child over 16?
Which form do I fill in and are the rules easier to get higher rate mobility which she gets now for behaviour if she's marked as a child under 16?


All DLA claimants under 16 will be re-assessed on or about their 16th birthday as adults, so you should complete the over 16 renewal forms.

To be eligible for the higher rate of Mobility she will have to show that she has significant problems with walking, please have a look at our DLA Claim guides for a more detailed explanation.

Gordon

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 1 week ago - 12 years 1 week ago #103296 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 Dla renewal for child which runs out 1 day before

karen wrote: I have a child with Down syndrome whose dla runs out in aug the day before she's 16. I requested dla form and it was sent for a child under 16. The dwp have now sent me another renewal for child over 16?
Which form do I fill in and are the rules easier to get higher rate mobility which she gets now for behaviour if she's marked as a child under 16?


As I'm sure you're aware, DLA will over the next few years be replaced by Personal Independence Payment for claimants of DLA aged between 16 and 64.

As your daughter is only 15 years of age at present, I'm not sure if she will remain on DLA for all future claims. Currently the DWP site on PIP states "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've never been asked if this applies to those currently on DLA and under 16 years of age on 8 April. Will they be classed as adults when they reach 16 years of age, and thus have to claim PIP rather than DLA.

Perhaps other moderators may be able to offer an opinion on whether or not those under 16 years of age will remain on DLA as long as they satisfy the requirements or at some time in the future will be required to claim PIP.

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
Last edit: 12 years 1 week ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law).

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12 years 1 week ago #103298 by Gordon
Jim

All DLA claimants under 16 will be migrated to PIP once they reach 16, subject to the following

The Personal Independence Payment (Transitional Provisions) Regulations 2013

3(3) The Secretary of State must send a notification under paragraph (1) to a DLA entitled person who reaches 16 after 6th October 2013 as soon as reasonably practicable after the person reaches that age.


Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)

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12 years 1 week ago - 12 years 1 week ago #103301 by karen
My. Understanding is that pip won't happen for us until after 2015.

I went to see the gp, I had spoken to him earlier in the week , phone appn about my daughters anti biopics. I asked at the time if he'd be prepared to do a supportive letter for her dla renewal. He said to bring her in today as he couldn't do it without seeing her, which was fair enough. Today he checked her over but said he couldn't do supportive letter, it was better if I filled the form in and if dwp had any questions he'd anwser the form then!
Tried to explain I was expected to prove everything I was writing to describe her difficulties, but he still didn't feel a letter at this stage was necessary.
I had brought with me a tick checklist as suggested which I'd filled in and i went through with him. He did ask to keep it for his record.

Been dreading seeing him all week as I hate the form, not the doctor.

Bit disillusioned now and unsure what to do next
Last edit: 12 years 1 week ago by Gordon.

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