PIP/ESA/DLA

Hi Cozi

ESA entitlement is based on the number of points you receive, you have to get 15 points which is similar to PIP, but PIP comes in two components daily living and mobility. To be awarded either component you have to get points 8, some claimants only receive 8 points on mobility so are awarded the mobility component, some claimants are only awarded 8 points for daily living component so only receive the daily living component of PIP. If you receive 12 points or more for either component then you are awarded the enhanced award. In total there are 10 questions on the daily living component and only 2 questions concerning mobility.

You may want to look at our 'members only guide' www.benefitsandwork.co.uk/help-for-claimants/pip to help you complete the PIP application form.
Remember the claim is as you are now not as you were then. I usually only include previous awards if they are recent or if requesting a mandatory reconsideration and nothing has changed since previous claim.

Gary

Hi Cozi

I am not sure from what you have written what other areas in your assessment report you are challenging other than the 2 points for hearing aids. Two points is what you would have expected to receive for Q9 - communicating - but perhaps there are other areas that you expected to score. If despite wearing hearing aids you still have problems hearing or communicating then you need to check that you have made this clear.

The only reason for including your ESA award, is if you can show it's relevance to the PIP criteria. The questions are not identical nor are the way they are awarded - so make sure that you have checked the PIP criteria. It certainly won't harm your ESA award if you are to include it, but be aware it might confirm to them that you don't need help for care.

The same applies to your DLA records - you need to make sure that whatever is included is relevant to the PIP criteria and you need to say why it is. Again the way DLA was awarded is different from how PIP is.

PIP was engineered to be a more difficult to award than DLA, many DLA claimants will receive vastly reduced awards or even no award at all on transfer.

DLA looks at generic care needs in regard to bodily functions, PIP looks at the claimants specific ability to carry out an activity such as eating. DLA was awarded because the claimant needed an amount of care (in time) during the day, the night of both, to help them with that bodily function. PIP looks at the claimant's ability to complete specific tasks within the activity and is points-based, these are clearly defined and it is easy not to score points because the claimant has not shown that they meet those specific criteria.

DLA treated the use of aids as a reason to reduce the amount of care needed, PIP treats aids as an indication of disability and in general they score extra points.

DLA's care need was reasonably generic, PIP treats prompting, assistance and supervision as different activities and as a result, they can score different points.

DLA required that the care was required for the majority of the time, for PIP it is the majority of days.

For PIP activities must be completed reliably, this means

• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.

Although DLA considers these terms, they are poorly defined as they are implemented through Case Law rather than being defined in the legislation as they are for PIP.

Referring to any more recent evidence you have is more useful.

BIS