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TOPIC: DLA to PIP

DLA to PIP 8 months 6 days ago #210134

Gordon

I read today that an Upper Tribunal has made an important decision regarding transferring from DLA to PIP. They decided that, the R(M) 1/96 principle applied to DLA to PIP reassessments.
A tribunal must adequately explain why someone’s PIP award is very different from their earlier DLA award.
If they don’t give any reasons, or the reasons are not good enough, then the Tribunal’s decision is not legally valid and can be set aside.
This sounds like a bit of welcome light at the end of a very dark tunnel.

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DLA to PIP 8 months 6 days ago #210145

Plonker

There have been a number of UTT Decisions along these lines for the last six months or more, however, you need to be cautious as many of the PIP activities have no direct relation to the DLA criteria so the argument will not stand, an obvious area where it will is the Moving Around activity although the direct equivalent of DLA HRM is a Standard award for PIP.

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

DLA to PIP 8 months 6 days ago #210148

Gordon wrote: Plonker

There have been a number of UTT Decisions along these lines for the last six months or more, however, you need to be cautious as many of the PIP activities have no direct relation to the DLA criteria so the argument will not stand, an obvious area where it will is the Moving Around activity although the direct equivalent of DLA HRM is
Standard award for PIP.

Gordon


Gordon
This decision may be useful in PIP cases where an award has been made then on renewal, zero points awarded.

Plonker

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DLA to PIP 8 months 6 days ago #210152

Plonker wrote:

Gordon wrote: This decision may be useful in PIP cases where an award has been made then on renewal, zero points awarded.

Plonker


Again it may but there is a Catch 22 in that the normal result is to reinstate the original award, however the claimant will have spent 3 months be reassessed an probably a minimum of 8 months on an MR and an appeal, so they may only have one month of that award left!

Gordon

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

DLA to PIP 8 months 3 days ago #210378

Gordon
Still waiting for a home visit to be arranged. This mess all started last September 2017. Received a letter this morning informing me about my State Pension date, which is 10 years away.
Will probably still be waiting for a home visit.

Plonker
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DLA to PIP 8 months 3 days ago #210395

Gordon
I’m beginning to think that there will not ever be a home visit offered, seems odd that a big company is not able to arrange a home visit.
How I long for the days of DLA when you received an EMP visit from a doctor. It was not a perfect system, however, it was better than what we have now.

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