My reasons not to transfer from DLA to PIP - system now to be changed!!

To be honest, yes I would have. That was what was putting me off - the constant re-assessment process. Having to fill out a new PIP2 every time with the likely chance of another F2F assessment followed by a MR and an appeal. At 68 that is last thing that I wanted to cope with every few years.

 

Can't you apply for it now? Or would that be too much hassle?

Unfortunately I was one of the transferees that had gone over the max age limit (65). By the time that they had got round to offering the 'chance in a lifetime' opportunity I was 67 (last year). Failing to take up that offer meant that I could not make any further claim.

Hence why they also closed down my indefinite DLA (HRM & MRC) and left me with no financial support for my disabilities.

I did try for Attendance Allowance instead but the DWP refused that claim a few months ago.

I hear that they are (were) going to shut down completely Attendance Allowance for everybody and transfer the money saved to the Councils for Social Services to use. I will wait to see what happens now after the BREXIT result to see if I could get help from my local authority.

 

They stopped your DLA! This is so shocking Les; I really hope you can get some help on this. 

There is no help available that can change it. The rules say that if you don't follow the exact procedure when told when moving from DLA to PIP, your entitlement to that DLA will stop as will the claim for PIP.

This isn't a problem for the majority as they can simply make a new PIP claim and start again.

Unfortunately for those like myself that are over the age of 65 when this transfer starts, you are barred from making any future new PIP and DLA claim.

The rules applying to PIP are that you are expected to make the initial claim over the telephone. For those that can't for any reason, the DWP are supposed to send out an initial claim from - PIP1 in accordance with the PIP regulations. Unfortunately the DWP don't like written claim forms. I wrote two letters requesting the PIP1 form but nothing was sent to me. The time limit expired to make the claim and as I had not followed their rule of making the claim over the phone they cancelled everything.

Then being 67 at the time I was too old to make another one.

I don't get it, if you wrote letters and they didn't reply surely they're at fault? Did you keep copies of your letters? 

I know you know what you're doing Les, I'm just curious. Are you saying that you were made aware that if you chose not to move to PIP your DLA would be stopped?

Of course I kept copies. The point was that the DWP insisted that I had to make a telephone application. Failing to do that they considered it good enough reason to treat my case as one that did not conform to the rules that they stipulated. Irrespective of what the legislation says they still insisted that it should have been done over the phone. Even printing out the section direct from the regulations and sending it to them meant nothing.Their interpretation of those regulations is what counts.

Of course they were wrong, but if I wanted to continue to fight for PIP I would first of all have to fight all the way to a Tribunal for them to confirm that the DWP were wrong in not sending me the PIP1 form when requested. 

All I was doing was exercising my rights in that I and every other PIP claimant is entitled to make a written application instead of having to pass information to them over the telephone.

Yes I was fully aware that if I did not start the claim by a certain date the DWP would close both the PIP claim down as well as the DLA one. I did attempt to start the claim twice within the time frame by asking the DWP for the form PIP1. They failed to send me one and later said that it was their choice whether I could have one. Unfortunately that letter was sent by them AFTER the time limit had expired. This meant that even if I relented and did what they wanted I was out of time because it took so long for them to write back to me.

Obviously it was clear that there had to be a Tribunal hearing to overturn their decision before I could claim. At that point I gave up - the fight was too much for me.

I'm not surprised that you gave up; it's so stressful and you have to consider your health ironically.

I just can't believe they're doing this sort of terrible thing to people!

To me and thousands like me.

As another example of how weighted it is towards the DWP.

As we all know any outcome decision comes with appeal rights.

However consider someone living on their own with family coming in daily to care for him, that is hospitalised and then has to recover at home in bed for 6 weeks. Having already gone through the claim process and been told that they are entilted to nothing whilst in hospital. By the time they are capable of catching up with their claim  they find that the time limit (1 month) for making a Mandatory Reconsideration application had passed. They applied nevertheless and explained that they had been ill and had been in hospital as it was a late application (2 weeks late).

The reply came back from the DWP that they were not allowed to make a late appeal against that decision. It appeared that the refusal to accept the late appeal finishes the claim and you can go no further with the appeal. The alternative was to put a new claim in unless they happened to have turned 65 in the meantime. Being over 65 makes them inelligible to make a new PIP claim.

That happened to a friend of mine who lost out. 

 

That's outrageous!

Outrageous but true.

And with PIP being brought out soley to cut the cost of DLA by 20%, yet they are now spending £millions on new civil servants whose job it is to go to the Tribunals and do everything that is legally possible to discredit and rip apart any appeal as the DWP/government are fed up that so many that appeal are awarded the benefit by the Tribunal - a really good way to save the 20%!!!

And is it any real wonder why people are either closing their PIP claims/not appealing and even not bothering to claim it in the first place.

For a lot of us not appealing isn't an option; if we live alone and rely on benefits for instance. It is encouraging that so many people are winning their appeals.

Their approach can't last because it's not working well for them, as you said, so hopefully they'll change things and you'll be able to apply. They can't just leave you without disibility benefits indefinitely because there are so many of you and there are people in positions of power that lobby for improvements.

PIP is a 'working age' benefit. Only those who are 16 to 64 can claim it. Those that are over 65 and on DLA get one chance and one chance only to claim PIP. If they fail to get a PIP award of course they can go down the appeal route. But should they fail at a Tribunal then that is it - end of the line for PIP.

They can't just change the law as that would not be fair to those over the past three years who have suffered under the current law.

Being over 65 you can instead claim Attendance Allowance but there is no Mobility element - being over 65 you are expected to have mobilty problems simply because you are old.

Unfortunately, and it can happen at any time now, any new claims for that benefit will not be accepted as it is the government's intention to use the money to give to councils instead to support those in care homes and those that need care in their homes.

They see it as a clear choice - support those that need care in a home or at home OR hand it to the less disabled who don't really need that level of care instead.

 

I agree and it will certainly help those like myself that just couldn't cope with the current system and so gave up the chance of transferring to PIP from DLA.

At least they have listened - shame that it has taken them 3 years to get their act together.