Claiming PIP on transfer from DLA over age 65

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I have been spending quite a few hours looking at the PIP tansitional regulations and relevant case law.

​It seems that if you are over 65 (but was under 65 on the 8th April 2013) when you are called to move from DLA to PIP and completely fail (for any reason) to get any award AND miss the time limit in applying for a MR all is not lost.

​Provided that you had a DLA award and that no more than 1 year has passed since it was stopped in the transfer process, you can put in a totally new claim for PIP even if you are 68 now.

 

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11 Replies

  • Posted

    Hi les,

    That's handy to know, you certainly need to have your wits about you.

    Will that help you in any way.

    Mike

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  • Posted

    That's good so long as you go for it.

    Its a long drawn out process but I think you are at last in the right mind set to apply for it and not get bamboozled (good word don't you think for you) so have you heard anything yet???

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  • Posted

    Thanks, yes it's Reg 27 of the PIP (Tansitional) Regulations.

    ?It's surprising what you find when you spend time reading. After I spotted it I did a search on most forums and no one has ever mentioned that this exists.

    ?What also annoys me is that it would only take a couple of lines in the Notes to the PIP 2 form to get the message out there.

    In fact there appears to be a situation in those same regulations if you are under SR age - you are given two years to put in a new claim that is linked to the DLA one that was stopped.

    My DLA ceased early this year so I have about 5 months in which to submit a claim and can link it to the old DLA claim.

    ?Anyhow I am going to test this out by asking the DWP to put me down for another try for PIP and to send me the form PIP1 - by recorded delivery of course.

    Seems that this is the only way I am ever going to get the DWP to accept that I have needs involving care and mobility.

    ?The reason why I have started this up, is that I went to the Pain Clinic for a routine follow up and they asked if I was receiving any benefits relating to the disabilities. I said no, and gave her a brief run down on what had happened. The Nurse Practitioner told me that if ever i want confirmation of anything just to let her know. She didn't seem too impressed with the antics of the DWP. She has upped the Gabapentin to 300mg twice a day on top of the MST (Morphine) of 100mg twice a day and the Oramorph.

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  • Posted

    That's true but don't you need a exceptional circumstance to be able to do so? (recovering from a stroke would be one example)

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    • Posted

      There do not appear to be conditions attached the Reg 27 other than

      ​(a) That you were under 65 on the 8th April 2013

      ​(b) That you make a claim for PIP

      ​(c) That you are not entitled to disability living allowance on the day the claim is made but was so entitled on the day falling twelve months before that day or at any time between those days.

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    • Posted

      Thanks

      ?I have put a letter in the post telling the DWP that I still have a continuing right to claim PIP and that I request and require the from PIP1 to start another claim off. This then was sent to them by Recorded Delivery.

      ?Let's see if they manage to 'lose' this letter!

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    • Posted

      Just when things were slowing down Les finds away of lighting up the forum. I honestly didn't know about this and would be interested in the DWP's response, provided they don't lose the reply.

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    • Posted

      Have been looking in new CPAG  page 732 - you can claim pip regardless of age if entitlement to DLA ended less than a year ago.

      page 733 - no restrictions on entitlement to mob component due to age if your entitlement to DLA ended less than a year ago.

      so she can reclaim PIP any time within a year and get any rate.

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    • Posted

      Sorry *Child Poverty Action Group - Welfare Handbook.
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