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Dla lifetime award

pllfan88

Hello, I'm looking for some advice for my dad.

My dad has secondary progressive MS, he is currently still on Dla high rate for both. He has been on dla for around 15 years and is 63 will be 64 in June next year.

He called dla last year to ask if and when he will be asked to claim PIP, they said he wouldn't be asked as he has a lifetime award.

I was sure that dla was ending and everyone would eventually have to claim PIP. So I'm after some insight please. Should my dad just leave it or ask to claim PIP.

Would my dad be allowed to claim PIP or would he have to claim attendance allowance once his dla ends?

Sorry for ramblings I hope I make some sense!

Thank you

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Comments

poppy123456

The advice he was given is incorrect. His lifetime DLA award no longer exists and he will be invited to apply for PIP eventually.

All those that were 65 and under on 8th April 2013 will be invited to apply but they're way behind where they should be. There's a lot of people still waiting for that letter.

I wouldn't advise him to rock the boat and apply before he gets the letter. At the moment he's still getting his DLA payments. There's no guarantee that he'll be awarded PIP and if this happens then his payments will stop.

I wouldn't advise claiming AA because there's no mobility part to this.

Tardis

Unless a new government changes the rules, he will be asked to claim PIP eventually. He doesn't need to do anything about it until he receives a letter 'inviting' him to claim. He shouldn't make an attendance allowance claim as he will lose his mobility award forever.

pllfan88

Thank you for your responses,

My dad's MS is very advanced, he is a catheter user as he can't stand or walk at all, he only has very limited use of both hands too, my mum cares for him full time and I mean has to do everything including feed him. It is very sad to see, hence I wanted the advice as my mum really hasn't any idea about the PIP or attendance allowance benefits.

Just to confirm even when he reaches 64, his dla will continue until he is invited to claim PIP?

Thanks again.

Tardis

Yes it will continue until they have made a decision on his PIP application. If he doesn't apply for PIP when invited, the DLA will stop then.

Yadnad

Tardis said:

If he doesn't apply for PIP when invited, the DLA will stop then.

……..in which case he can then claim Attendance Allowance.

poppy123456

Yadnad said:

Tardis said:

If he doesn't apply for PIP when invited, the DLA will stop then.

……..in which case he can then claim Attendance Allowance.

Why do that when there's the mandatory reconsideration then Tribunal for the PIP, if the worst happens.

Yadnad

poppy123456 said:

Yadnad said:

Tardis said:

If he doesn't apply for PIP when invited, the DLA will stop then.

……..in which case he can then claim Attendance Allowance.

Why do that when there's the mandatory reconsideration then Tribunal for the PIP, if the worst happens.

Firstly I was just finishing off the statement from Tardis and secondly not everyone is able enough or strong enough to cope with a Tribunal hearing. Some may prefer to call a halt and go the Attendance Allowance route instead.
It fascinates me to continually read that people are told that they should always appeal and ignore the capabilities of the claimant. Many claimants have no help professional or otherwise and have to go it alone. Many just couldn't face the stress involved or the time it takes to get to a hearing.

Tardis

@yadnad; you were not finishing off my statement as I had already finished it. It sounds as though the gentleman in question has a supportive son/daughter who is prepared to assist their father through the process.

pllfan88

Thanks again for all your comments. I will of course fight for my dad if need be, I can only hope it won't come to that.

If my dad was to be denied pip then there is a serious flaw with the system, he really can't do anything for himself, he needs assistance for everything.

But as I have seen on here, people in need still have to fight, so we will be fully prepared.

Tonymoore

You should not have to claim PIP - as your dad was/is over 60 at the point that he would be asked to. In those cases - for those getting DLA at that age - indefinitely - then the payments continue - as DLA indefinitely.

ricky1040

From the discriptuon you provide of your dads condition they may not even need to meet him.

In my oppinion you should seek a subject access request now for your dads full medical records and send them in with your application and a detailed gp analysis. Its rare but given his situation they may well frant the award on this basis alone. I have a relative that had this happen. It is rare but possible.

But the above is correct unless hes over 65 he will regardless have to make the application to pip at some point in the bear future.

poppy123456

Tonymoore said:

You should not have to claim PIP - as your dad was/is over 60 at the point that he would be asked to. In those cases - for those getting DLA at that age - indefinitely - then the payments continue - as DLA indefinitely.

Sorry but this is not correct. When PIP was first introduced in April 2013, if you weren't 65 on 8th April 2013 then you will eventually be asked to apply. Indefinaite awards no longer exist for people in this age group.

Not sure why you think the age is 60. See link. https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/before-claiming/if-you-get-dla/

ricky1040

Yea poppy is correct here but am sure they meant no malice and just tryign to help as we are too

Yadnad

Username_removed said:

In 30 odd years I’ve never met the person who would go the AA route and abandon a DLA or PIP challenge. Literally not one. What an exception I must be in the advice world! Your assertion is speculation based largely on your own experience.

Fascinating as you may find it, the reality is that the overwhelming majority of people have access to both advice and representation in some form but most claimants are unrepresenred and do just fine.

I can fully understand why you have had no client go the AA route - simply because they approached you and you offered to help fight the poor DLA/PIP decision. I too would be very surprised if any would go down that route after having had advice from a welfare rights organisation. If that client had not have obtained the advice you offered I do wonder what they would have done.

I won't argue the old chestnut of not having a decent and professional advice. Yes there are many around, but are they fit to advise?

I gave up my PIP after a long history with the DWP, but realised that I don't quite fit the criteria for AA either.

Yes I have sought advice from many organisations in the past but to be truthful none have given me the confidence of finding someone that knows their job or has the time to sit down with me and explain or guide me.. As you are aware one of them here in Kent, CROP, actually blew any chance of AA that my wife had with how they completed the claim form!.

[Deleted User]

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Yadnad

Username_removed said:

I don’t supppse it’s occurred that many of us come across people who have acted and only then sought advice? Happens all the time. People who don’t get advice or get it from their mates mate in the pub or whatever. Have seen all manger if disasters and UC will trigger more than ever. Have never seen anyone do as you describe. Don’t know of anyone else in advice across the UK who has either.

Find it odd you genuinely think I work in advice and yet my answers would be simplistic or somehow miss some obvious point that only you have spotted.

Not quite sure what you are saying in your last paragraph, but are you suggesting that I am the only one that has not taken the DWP to a Tribunal where a decision appears to be wrong?

I've read of three on this forum recently that they don't want to take it that far and have given up.

I have always attempted to seek advice before I act, but with time constraints put there by the DWP such advice was not available in time - so it was a case of going it alone. Any advice, if it was offered, would then be irrelevant.

ricky1040

really sad you guys r having this argument. We should be supporting one another.

Tardis

That is true ricky, but unfortunately not all posters got the memo. Mikehughescq gives excellent advice and is very helpful.

Yadnad

Username_removed said:

I’m saying that your idea that I wouldn’t have had any clients elect to go for AA instead is based on wholly incorrect assumptions about who and what advisers see. Your latest assertion about three on this forum is nothing to the point. Yes, people give up all the time. Do they give up and then claim AA? No. That’s a ludicrous assertion.

Well and to the point, I have given up with PIP and no. I am not claiming AA.
However having said that I have heard it many times that PIP is considered more difficult to get than AA is.
I don't have the figures that could prove or disprove that statement.
But what I can say that if that is the case surely people may well go for the easier option than the PIP option. My experience of AA (my wife) is that the second claim made was without any difficulty - a lifetime award for the day and night elements was made.

As for PIP, and I only go by my own case, what right minded individual would want to undergo face to face assessments every 2 years for the rest of their natural and with the decisions always being negative, having to fight to get the right award each time? For some maybe the AA option is much preferable.

Tardis

That would make some sense, unless a mobility award was in payment.

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