PIP, DLA and AA
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DLA Changing to PIP

Jacqueline666Jacqueline666 Member Posts: 3 Listener
I was on DLA for past 10 years. I have long term mental illness plus disability. My PIP was refused and is now with the courts awaiting an appeal. Should I still be entitled to my DLA until the court appeal is heard.

Replies

  • wildlifewildlife Member Posts: 1,314 Pioneering
    edited June 2017
    @Matilda has answered your question. Just wanted to say you can still talk to the DWP anytime up to your Appeal date by booking a call back from a DWP case worker to talk about the Mandatory Reconsideration decision. This would also help you to know what went wrong and what further evidence you might need. But if you prefer to just wait for your Appeal good luck and I hope it goes well for you..

  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @Jacqueline666

    Unfortunately your DLA will stop a month after the date of the DWP decision letter.  If you win your PIP appeal, PIP will be backdated until the date your DLA stopped.

    Meanwhile, you can take the course of action @wildlife suggests and try to persuade DWP to change their minds about your award.
  • Jacqueline666Jacqueline666 Member Posts: 3 Listener
    As my DLA has now stopped until my PIP appeal (my support worker thinks I will get enhanced rate), my housing benefit has been capped and we may become homeless as can't afford to pay rent. Should my housing benefit have been capped while I have an ongoing appeal.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hello Jacqueline666. While the cap applies, pending the outcome of your appeal, you need to apply to your local authority for a Discretionary Housing Payment. While you still have a live HB claim, even if your HB has been reduced, you may be able to get a DHP to help with the payment of your rent until your appeal is heard. Every local authority has different criteria about who will be given a DHP, but families with a disabled member are usually given priority, and it will be very helpful if your support worker can get involved in the application for a DHP. You and your support worker will have to explain fully what's happening, why the DHP is needed, and roughly for how long it might be needed for. It's also helpful to be quite detailed about your illness or disability, and how you and your family would be affected if the DHP wasn't awarded. 
    Another route to try (as well as the DHP) is to have a look at the charities information which is on the Turn2us website: www.turn2us.org.uk (it is also part of this Scope website). There may be some charities or benevolent funds in your area which may be able to help you financially during this difficult period, and payments from charities will not usually affect your benefits. 
    Try the DHP route as soon as possible! Good luck with your appeal.
    Jayne
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Jacqueline666Jacqueline666 Member Posts: 3 Listener
    I put in for a DHP on 5th June, still not heard anything. I am trying to get on social housing application list, but they say I am not elidgable :( 
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi Jacqueline666,

    I can't guarantee of course, but I'm hoping you would be a high priority to get help with your rent from a DHP. Do let us know. All the advice Jayne gave is relevant.

    Hopefully your PIP decision will be changed, and as wildlife says, it's even possible to talk to the DWP pending the appeal (they have the power to change the decision before your hearing, and should really do so more often, but it is unfortunately rare).

    I can't advise about the social housing issue at all I'm afraid. You could try speaking to Shelter?

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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