Hi Gordon , thankyou very much for your recent inputs & answers , very helpful , my question above is relating to the law or decision that was changed , in regard to peoples date of birth ,as after they are 65 classed as a pensioner and receive their o.a.p.pension, that even though they may achieve the points on mobility i.e. 12 to get enhanced mobility award , they are disqualified from achievieing enhancement but due to being over 65 they can only ever in future achieve standard payment , I have asked about this previously , but think got crossed wires ,, your opinion would be appreciated . regards Mozz

MOZZ

Again. there have been no changes to the legislation, this Clause was included in the PIP legislation when it was first enacted, as it was already for DLA.

So, with the exception of when a claimant is transferred to PIP from DLA where the restriction is suspended by the legislation that controls the transfers, once a claimant reaches 65 or State Retirement Age, whichever is the higher, they cannot receive a new award of the Mobility component or an increased award if they already have a Standard award, even if they meet the criteria.

Gordon

hi Gordon , so are you saying that if I was on full mobility "higher rate " as & when was transferred to pip from dla that I still should have been awarded enhanced mobility on transfer even though I was over 65 . ????? sorry if im still going round in circles as to the law or to the new rules under the dwps change of approach to achieve full pip . thanks Gordon ???? I know this goes back but have had to go to tribunal twice before in the past so, im hoping my m/r goes ok or its third time lucky ??? before another tribunal !!!!! . regards Mozz

MOZZ wrote: hi Gordon , so are you saying that if I was on full mobility "higher rate " as & when was transferred to pip from dla that I still should have been awarded enhanced mobility on transfer even though I was over 65 . ?????

No, I am saying that you could have been.

The PIP Mobility test is stricter than the DLA one. DLA uses a distance of 50m whereas the equivalent for PIP is 20m. DLA refers to a claimant being virtually unable to walk, PIP refers t them standing and then moving (walking).

Gordon

ok many thanks Gordon , keep up the excellent work . regards Mozz ,"will let u know answer to my m/r/ ?????