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TOPIC: PIP and Attendance Allowance

PIP and Attendance Allowance 1 week 3 days ago #238452

I have been helping my friend deal with the transition from DLA to PIP. She had the PIP assessment and was turned down. She went for Mandatory Reconsideration and and has just been turned down again.

I see this in the Personal Independence Payment (PIP) Handbook, p.22:
“If an existing DLA claimant claims PIP after they have turned 65 and receives a nil award, their claim to PIP will automatically be treated as a claim to Attendance Allowance. They will not have to make a separate claim...”

My friend was 65 last year. Looking at the claim form they use for Attendance Allowance, the categories and questions are similar but not the same as those in PIP2. There has been no mention of Attendance Allowance in the two turn-downs from DWP.

Could you tell me, please, if getting a PIP nil award automatically counts as a nil award of Attendance Allowance too, or whether that can be pursued as a separate claim? And if so, would such a claim cancel going to the PIP Tribunal?

Apologies if it has been covered already but Benefits and Work is such a great resource we have only just started exploring it so far.

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PIP and Attendance Allowance 1 week 3 days ago #238470

LesAC

It's no longer 65 but State Retirement Age or 65, whichever is the higher so your friend probably does not meet the requirement to claim Attendance Allowance at the moment but even if they did it would only result in a an AA claim being started, the criteria for PIP is too different from AA for an award to be made based on a PIP assessment without additional information being sought.

So they have three options available.

- Appeal the current PIP Decision
- Make a new claim for PIP if they are able
- Wait until they can claim AA

Be aware, AA has no Mobility component.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

PIP and Attendance Allowance 1 week 2 days ago #238526

Thank you for your reply Gordon.
Just to clarify, my friend has been receiving a reduced State Pension since last year. She was one of the WASPI women who had to wait until then. Gov.uk say: “You reached State Pension age on 6 November 2018. Your State Pension age was 64 years, 11 months, 25 days.” which fits with what you say about State Retirement Age. As they say: “‘Default retirement age’ (a forced retirement age of 65) no longer exists.”

PIP gave her 6 points for Daily Living and 4 for Mobility. I am preparing docs for a First-Tier Tribunal, although she is so depressed by all this at the moment it may never happen. I’m telling her that is exactly what they want, and if we fight she may get something, but I’m not the one suffering.

So I conclude that this invisible AA claim they say accompanies a PIP claim is hot air, so our options are either the Tribunal or forego that and try AA.

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PIP and Attendance Allowance 1 week 2 days ago #238531

LesAC wrote: So I conclude that this invisible AA claim they say accompanies a PIP claim is hot air, so our options are either the Tribunal or forego that and try AA.


Yes, that would be the case.

Gordon
The following user(s) said Thank You: LesAC

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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