DLA to PIP over 65

Dear Benefits and Work

What is the situation if a person is over 65 now when the DLA to PIP transfer process begins and they do not get an award of PIP, can they appeal for PIP.

If the appeal for PIP failed would they then be able to claim Attendance Allowance instead.

The person is over 65 now but was under 65 when PIP was introduced.

Many thanks

I have to slightly disagree with Gordon. If a person was under 65 when the legislation for PIP was introduced, they will eventually be required to claim PIP, they will not be able to make another claim for DLA.

Existing DLA claimants who were aged 16 to 64 on 8 April 2013 or reach age 16 after that date will be affected by the introduction of PIP, even if they have an indefinite or lifetime award of DLA.

A claimant in the above category cannot appeal the legislation which moves DLA claimants to PIP as this was agreed by an Act of Parliament in the Welfare Reforms Act.

They can claim AA if they have care needs, and if this is refused they have a right to appeal.

As an example, my wife reached 65 years of age in July 2014, and despite reaching state retirement age some 5 years earlier, i.e. when she was 60 years of age, she will at sometime this year be asked to make a claim for PIP despite being in receipt of HRM & MRC of DLA for an indefinite period. However, due to the DWP changing the criteria for DLA HRM from 50 yards to just 25 yards for Enhanced Mobility for PIP, she may not pass this harsh test.

However, there never was a stated distance for DLA of 50 yards in the legislation, it is a myth.

The criteria was based upon distance the claimant could walk without 'severe discomfort', which can be pain, fatigue, nausea, dizziness etc. etc. Thus if a claimant could walk say a total of 100 yards, but they had to stop to rest, or relieve pain at say 25 yards, then legally their walking distance without 'severe discomfort' was 25 yards. Other factors which had to be considered were speed and manner in which they could walk, e.g.. limping, dragging their leg etc.

I sat on DLA Tribunals for over 10 years and DLA HRM was often awarded to appellants who could walk 100 to 150 yards because they had to stop to rest several times or their speed to walk x yards was so slow that they met the then requirements for an award of DLA HRM.

With PIP, although there is little definitive case law to date, the factors for DLA HRM seem to be no longer relevant for PIP claims ?

Dear Benefits and Work

Following on from your reply am I right to conclude that a possible future adverse decision on awarding PIP for a person over 65 can be appealed (re PIP) as the DLA which they are curently receiving is being abolished with the transfer process.

Just want to be certain I've understood this correctly.

In reply to Jim's detailed comments about mobility, the person has only ever claimed care component, not mobility.

Thanks