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Attendance Allowance v PIP

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5 years 5 months ago #219817 by Timewarp
Attendance Allowance v PIP was created by Timewarp
Would making an application for Attendance allowance automatically terminate an appeal against a PIP decision (so-called mandatory reconsideration decision is just a cut and paste brushoff reiterating bits of the Assessor's report without appearing to 'reconsider' what was challenged at all)?
Because of age -- I was previously on DLA and am now over the age to make a new PIP claim -- I could either appeal on the failed PIP claim, or opt to try for AA instead, and concentrate on that.
What would be the wiser / more potentially viable course of action?

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5 years 5 months ago #219836 by Gordon
Replied by Gordon on topic Attendance Allowance v PIP
Timewarp

An AA claim will not directly affect an appeal for PIP, the appeal is limited to how you were at the time of the Decision you are appealing and the AA claim is based on how you are now.

However, if you are awarded AA and then go on to win your PIP claim then there will be an issue. I would expect the PIP award to supersede the AA award but I can't state this for certain.

Gordon

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

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5 years 5 months ago #219846 by Timewarp
Replied by Timewarp on topic Attendance Allowance v PIP
Thanks, Gordon.
Incidentally, the Assessor for PIP alleged that I stated the day of assessment was "a normal day". For a very obvious reason, I could not have described it thus ... and didn't.
Their "MR" charade didn't even acknowledge that point.

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5 years 5 months ago #219847 by Gordon
Replied by Gordon on topic Attendance Allowance v PIP
Timewarp

Your question was asked on RightsNet this afternoon and their view is that the AA will supersede and replace any PIP award made by a Tribunal.

Gordon

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