PIP Award 4 years but would like to challenge 4 years to indefiniely

downtrodden
downtrodden Community member Posts: 1 Listener
edited May 2017 in PIP, DLA, and AA
I went to tribunal and was awarded higher rates for mobility and care rate
for four years in May 2017
I am 61 years old and suffer from an irreversible, chronic condition.
The award was four years (note my DLA was indefinite).
How can I proceed to challenge the time limit of four years?
I will be 65 years old in four years.  Would I be able to extend the award
when I reach 65 years old?

Comments

  • Nystagmite
    Nystagmite Community member Posts: 595 Empowering
    You can't get an indefinite award of PIP. You can get an ongoing award, which is a maximum of 10 years.

    It's likely that if you do challenge this, they may reduce or even stop your award.
  • Matilda
    Matilda Community member Posts: 2,592 Championing
    A few indefinite time awards have been given - but these have been rare.
  • Nystagmite
    Nystagmite Community member Posts: 595 Empowering
    They're ongoing, which means they'll contact you after at least 10 years.
  • wildlife
    wildlife Community member Posts: 1,289 Trailblazing
    @downtrodden Yes @Nystagmite is correct but just to add that reaching 65 has no effect on PIP, it doesn't stop. If you're happy with your award apart from the timescale and you've already been to a Tribunal you can only Appeal the decision on a point of law which would probably not work for the timescale alone. I was only given PIP for 3 years but have accepted the award for now as I am confident that knowing I will have a review in as little as 2 years (they contact you early so I've heard), I will have no problem next time continuing or even increasing my DL from standard to higher rate. In the meantime I am having appointments, tests and collecting evidence not only for my present disabilities but for anything new that develops between now and then. 
  • oldbessie
    oldbessie Community member Posts: 6 Listener
     I too have been given a four year award. However, on another point, and maybe someone could correct me on this. During many hours of research, I came upon an amendment In brief it stated that even if we are on D.L.A this will no longer be transferable. That people who reach the age of 65 or over when claiming P.I.P . will now have their claim automatically transferred to an attendance  allowance claim? I re read the article, and it was introduced in June of this year. If so, this is terrible. This is how I put in mt claim early, I had had a change of circumstances though, so this helped. I will stick with my four years, and be grateful, I'll likely be dead by then anyway.! so, to the O.P, give yourself a little break from appeals and further assessments, make do with the four years for just now.

  • Matilda
    Matilda Community member Posts: 2,592 Championing
    @Sam_Scope

    Please would you transfer @oldbessie's post to Ask a benefits advisor category because she has raised a crucial point about eligibility for PIP which needs to be clarified by a benefits expert.  Many thanks in advance.
  • CockneyRebel
    CockneyRebel Community member Posts: 5,195 Championing
    Reaching retirement age does have an effect on PIP mobility. After retirement the mobility component cannot be increased. If you are in recept of standard mobility at retirement that is what you will carry forward even if your needs change. Likewise if you receive the enhanced rate you will continue to get this as long as you fulfill the criteria

    CR
  • oldbessie
    oldbessie Community member Posts: 6 Listener
    I will try and find the article. I know the D.W.P manual still says that if you are already in receipt of of D.L.A ,the old rules apply, but I read this article several times.

  • CockneyRebel
    CockneyRebel Community member Posts: 5,195 Championing
    I would be very interested in reading the article if you could find it

    CR
  • Matilda
    Matilda Community member Posts: 2,592 Championing
    Me, too.
  • Barrylad1957
    Barrylad1957 Community member Posts: 99 Contributor
    @oldbessie
    Hello, there is always the realistic possibility that, by the time you reach 65, the 'government' will have changed, and, if the other contender wins - which is also a realistic possibility - one of the things they have promised is benefit reform for the vulnerable, and, if they keep their promise (no guarantees there, either; these days, it doesnt seem to matter who you vote for, the government gets in, and remember also that these scathing benefit cuts were founded and initiated by the last Labour/Neoliberal/Centrist Party - delete where applicable) then people such as yourself, and others on this forum, will be treated far better than they are now. I do not know a great deal about the benefit system, I'm new to this world myself, but even I have heard of pip awards being downgraded after appeal, so I would listen to the great advice that is to be found on this forum before you make your decision. However it pans out, I hope you get a good result.
  • Matilda
    Matilda Community member Posts: 2,592 Championing
    @oldbessie

    Will you permit me to copy your post about the article concerned in Ask a benefits advisor category so that a benefits expert may comment on whether or not there is any truth in the article?
  • Matilda
    Matilda Community member Posts: 2,592 Championing
    edited September 2017
    @oldbessie

    My reading of your post is that the article says that, from June 2017, claimants who are still on DLA when they reach the age of 65 will no longer be invited to claim PIP but instead will have their claim automatically transferred to an attendance allowance claim.  I'm going to ask in Ask a benefits advisor category if there is any truth in the article in question.
  • oldbessie
    oldbessie Community member Posts: 6 Listener
    CockneyRebel said:
    I would be very interested in reading the article if you could find it

    CR
       I am sesrching for it, and will of course post it up as soon as I can.

  • oldbessie
    oldbessie Community member Posts: 6 Listener
    Matilda said:
    @oldbessie

    Will you permit me to copy your post about the article concerned in Ask a benefits advisor category so that a benefits expert may comment on whether or not there is any truth in the article?
    Yes, of course. I know what I read, and I am trying to find it again.


  • oldbessie
    oldbessie Community member Posts: 6 Listener
    Barrylad1957 said:
    @oldbessie
    Hello, there is always the realistic possibility that, by the time you reach 65, the 'government' will have changed, and, if the other contender wins - which is also a realistic possibility - one of the things they have promised is benefit reform for the vulnerable, and, if they keep their promise (no guarantees there, either; these days, it doesnt seem to matter who you vote for, the government gets in, and remember also that these scathing benefit cuts were founded and initiated by the last Labour/Neoliberal/Centrist Party - delete where applicable) then people such as yourself, and others on this forum, will be treated far better than they are now. I do not know a great deal about the benefit system, I'm new to this world myself, but even I have heard of pip awards being downgraded after appeal, so I would listen to the great advice that is to be found on this forum before you make your decision. However it pans out, I hope you get a good result.
    Yes, I personall am just accepting my award, although I'd love to go for appeal. She had me down as having normal flexation in both my ankles---a few weeks previously, whilst getting special insoles fitted ,the chap had rotated my fet with divergence, and my left ankle is very stiff! There are so many other points I cold bring up, but for a wee while anyway, I'm putting the whole lot out of my mind. As for other Governments doing better---well, many of those in other parties backed all these cuts, so we shall see.
  • Matilda
    Matilda Community member Posts: 2,592 Championing
    @oldbessie

    Below is what @BenefitsTrainingCo have said about the article you read.  In other words, if you were under 65 on 8 April 2013 and claiming DLA but have since reached 65, you will be re-assessed for PIP.  But if your PIP claim is turned down, then the DWP should check if you are entitled to Attendance Allowance.  You don't have to claim Attendance Allowance; you could instead re-apply for PIP (because if you were under 65 on 8 April 2013 you continue to come under the working age (16-24) rules about PIP).

    "Hello Matilda - the Disability Rights Handbook says: 'Aged 65 or over: If you get DLA and on 8.4.13 you were aged 65 or over, you will not be re-assessed for PIP and cannot choose to claim it. Your DLA continues and can be renewed as normal. If you get DLA and were under 65 on 8.4.13, but have since reached 65, you will be re-assessed for PIP in the same way as other claimants, including being able to claim both the daily living and mobility components. If your PIP claim is turned down, the DWP should check to see if you are entitled to Attendance Allowance instead'. 
    I hope this very clear explanation from the Handbook clarifies the issue. 

    Jayne"

  • Matilda
    Matilda Community member Posts: 2,592 Championing
    Though if you are turned down for PIP aged over 65 you can only re-apply for daily living, not for mobility.  However, if you are refused PIP aged over 65 you can appeal against the decision not to award you mobility if your claim was for mobility (as well of course against being turned down for daily living if your claim was for that, too).

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