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PIP after retirement age
- celj
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5 years 3 months ago #223480 by celj
PIP after retirement age was created by celj
I have a client whose existing PIP award was disallowed following an assessment but re-instated following a mandatory appeal. She was then informed that she was no longer entitled to PIP as she had reached retirement age. Surely, this should be classed as an existing PIP award and not a new claim and so should continue after retirement age?
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- Gordon
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5 years 3 months ago #223483 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP after retirement age
C
I agree it is only a new claim for PIP that cannot be made after the after the claimant reaches State Retirement Age, an existing award can continue past this date as long as the claimant continues to meet the criteria for an award.
I would ask the DWP what Regulation they are using to disallow the award and then request a new MR.
Gordon
I agree it is only a new claim for PIP that cannot be made after the after the claimant reaches State Retirement Age, an existing award can continue past this date as long as the claimant continues to meet the criteria for an award.
I would ask the DWP what Regulation they are using to disallow the award and then request a new MR.
Gordon
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- celj
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5 years 3 months ago #223671 by celj
Replied by celj on topic PIP after retirement age
Further to my original query, The DWP now agrees that the Daily Living component can continue because this was originally awarded prior to retirement date and confirmed on appeal as part of an existing award. As part of this recent decision, they also awarded standard mobility, for the first time. They now claim that this was their mistake as the claimant has now reached retirement age and so the mobility component is classed as a "new" claim.
Can they separate out the two components in this way?
Can they separate out the two components in this way?
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5 years 3 months ago #223705 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP after retirement age
C
I'm afraid they can, a new award of the Mobility component cannot be made after the claimant reaches 65 or State Retirement Age, whichever is the higher.
Gordon
I'm afraid they can, a new award of the Mobility component cannot be made after the claimant reaches 65 or State Retirement Age, whichever is the higher.
Gordon
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