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Making a new PIP claim for an over 65

Yadnad
Yadnad Posts: 2,856 Connected
edited December 2018 in PIP, DLA, and AA
I have found this on the web from the DWP:

PIP will not be available to new claimants who are over the upper age limit (age 65 or State Pension age, whichever is higher), except where they had a previous claim to PIP or DLA which ended within the last 12 months or where they applied before that age, but that claim was not decided.

Does this mean that if a 70 year old had a previous award for PIP (Enhanced Care & Mobility) that was then cancelled following a review and it is less than 12 months since it was cancelled that they could make a completely new claim?

For me this would avoid the stress of going to appeal for the lost decision.
I don't want to get into any argument as to why I am not appealing. 
I just would like to know if I can start afresh with a new claim and hopefully make a better job of it second time round.
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Comments

  • atlas46
    atlas46 Member Posts: 826 Pioneering
    Hi

    Would you please provide  a link, about this announcement by the DWP?

    So we can be better informed, to response to your thread.

  • Yadnad
    Yadnad Posts: 2,856 Connected
    edited December 2018
    atlas46 said:
    Hi

    Would you please provide  a link, about this announcement by the DWP?

    So we can be better informed, to response to your thread.

    2nd paragraph - page 2
    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/180958/pip-briefing-people-over-65.pdf

    I hope that I have understood it correctly as I have been spending most of today looking for ways out of my current situation other than having to appeal.
  • poppy123456
    poppy123456 Member Posts: 28,349 Disability Gamechanger
    You can't make a new claim for PIP because you're over the age of 65. You can request the Tribunal to appeal the decision of your last review because it's still within the 13 months.
  • poppy123456
    poppy123456 Member Posts: 28,349 Disability Gamechanger
    Note what it says here.
    PIP will not be available to new claimants who are over the upper age limit
    (age 65 or State Pension age, whichever is higher), except where they had a
    previous claim to PIP or DLA which ended within the last 12 months or where
    they applied before that age,but that claim was not decided. Anyone making
    a new claim over the upper age limit will instead need to make a claim for
    Attendance Allowance

    Your claim was decided that you weren't entitled but you can of course appeal that decision, as stated above.
  • Yadnad
    Yadnad Posts: 2,856 Connected
    edited December 2018
    You can't make a new claim for PIP because you're over the age of 65. You can request the Tribunal to appeal the decision of your last review because it's still within the 13 months.
    As I have said many times I have no intention of putting myself through the appeal process unless it is with representation. My health both physical and mental would not stand it. I doubt very much that representation is available in any event.

    I read the above after spending hours today looking for an alternative way forward. If what I have read is correct I might be able to put a new claim in despite being over 65. I don't mind filling in another PIP2 given that I have had experience of three of them.
  • atlas46
    atlas46 Member Posts: 826 Pioneering
    Hi @Yadnad

    Yes, you have misread this document, dated March, 2013.

    As it stood in April 2013, anyone under 65 yrs, would go through the PIP process.

    To quote the PM, "nothing has changed, nothing has changed."

    One thing that has changed, in that the move to PIP from DLA was to be completed by October 2017!

  • Yadnad
    Yadnad Posts: 2,856 Connected
    atlas46 said:
    Hi @Yadnad

    Yes, you have misread this document, dated March, 2013.

    As it stood in April 2013, anyone under 65 yrs, would go through the PIP process.

    To quote the PM, "nothing has changed, nothing has changed."

    One thing that has changed, in that the move to PIP from DLA was to be completed by October 2017!

    That document goes on to say that you can be over 65 and still make a new claim for PIP provided that no more than 12 months has elapsed since the previous award. It seems to be a safeguard process of some sort.
  • poppy123456
    poppy123456 Member Posts: 28,349 Disability Gamechanger
    You'e misreading this. You can't make a new claim for PIP because you're over the age of 65.

    @mikehughescq here's one person that will give you your definite answer...can you please help answer this question mike? Thanks in advance.
  • atlas46
    atlas46 Member Posts: 826 Pioneering
    edited December 2018
    Hi @poppy123456

    Hope you and your family are well.

    The link is about transition arrangements in 2013, DLA to PIP, so is not relevant in Dec 2018.
     
    Edited by moderator
  • Tardis
    Tardis Member Posts: 214 Pioneering
    @Yadnad; thank you for starting your own thread to air your problems.  As the others have said, this isn't going to be a solution for you.  If you want to pursue PIP your only avenue is to appeal the last decision. 
  • mikehughescq
    mikehughescq Posts: 8,838 Connected
    edited December 2018
    Yadnad said:
    atlas46 said:
    Hi @Yadnad

    Yes, you have misread this document, dated March, 2013.

    As it stood in April 2013, anyone under 65 yrs, would go through the PIP process.

    To quote the PM, "nothing has changed, nothing has changed."

    One thing that has changed, in that the move to PIP from DLA was to be completed by October 2017!

    That document goes on to say that you can be over 65 and still make a new claim for PIP provided that no more than 12 months has elapsed since the previous award. It seems to be a safeguard process of some sort.
    Link please.
  • justg72
    justg72 Member Posts: 173 Pioneering
    Hi Yadnad,
    I responded on another thread which was called HORRENDOUS PIP APPEAL YESTERDAY and I mentioned about going to different agencies and from no help received at all from one agency, to the other agency really supporting me and I maybe able to get representation for my tribunal. You told me the area you came from, well I have looked on google and have included the area where you live to see what support could be available for you and I came across this, Free Representation Unit (F.R.U.) for short. It stated that you would have to be referred I think by CAB and I understand that you have had problems with them. However if you go on their website which is: www.thefru.org.uk/get-advice/list-of-agencies. This is what it says on their website Providing free legal representation for the public and advocacy for junior lawyers. It mentions help and support in benefits, housing, debt etc. Have a look Yadnad and see if this covers the area where you live, it sounds great and looks like this could be the support you have been looking for and really need. Its worth  looking at their website page.
    Justg72  
  • Yadnad
    Yadnad Posts: 2,856 Connected
    Note what it says here.
    PIP will not be available to new claimants who are over the upper age limit
    (age 65 or State Pension age, whichever is higher), except where they had a
    previous claim to PIP or DLA which ended within the last 12 months or where
    they applied before that age,but that claim was not decided. Anyone making
    a new claim over the upper age limit will instead need to make a claim for
    Attendance Allowance

    Your claim was decided that you weren't entitled but you can of course appeal that decision, as stated above.
     ......….except where they had a previous claim to PIP or DLA which ended within the last 12 months or...…. 

    It doesn't appear to matter if it was decided or not. I read it that an exception is given where there was a previous claim (for PIP) which had ended (which it did) within the past 12 months (which it did)

    The 'or' bit is another part of the exception that is immaterial.

    I must be seeing something that isn't clear then. 

    Only clutching at straws at the moment to see what alternative options I have other than an appeal.
    Spent the day researching on the net for something to give me hope.
  • Yadnad
    Yadnad Posts: 2,856 Connected
    edited December 2018
    Edited by moderator
  • Yadnad
    Yadnad Posts: 2,856 Connected
    edited December 2018
    justg72 said:
    Hi Yadnad,
    I responded on another thread which was called HORRENDOUS PIP APPEAL YESTERDAY and I mentioned about going to different agencies and from no help received at all from one agency, to the other agency really supporting me and I maybe able to get representation for my tribunal. You told me the area you came from, well I have looked on google and have included the area where you live to see what support could be available for you and I came across this, Free Representation Unit (F.R.U.) for short. It stated that you would have to be referred I think by CAB and I understand that you have had problems with them. However if you go on their website which is: www.thefru.org.uk/get-advice/list-of-agencies. This is what it says on their website Providing free legal representation for the public and advocacy for junior lawyers. It mentions help and support in benefits, housing, debt etc. Have a look Yadnad and see if this covers the area where you live, it sounds great and looks like this could be the support you have been looking for and really need. Its worth  looking at their website page.
    Justg72  
    Wow!! Thanks very much. I also see that the local CAB is listed as well.

    I presume that I have to go down to the CAB first and ask them to refer me?
    Well, I'll give it a go as probably the people there will have changed over the past 5 years so unlikely that they will remember me. At least this way I'm not reliant on the CAB to give me info just contact details to actually speak to someone who is better able than me - qualified in fact - to assist with an appeal.

    Great thanks again

  • mikehughescq
    mikehughescq Posts: 8,838 Connected
    edited December 2018

    Thank you for copying me in on this. I’m not going to participate further beyond my comments below, on the basis that I have repeatedly informed @yadnad that what is written in claim packs; accompanying notes; web sites; DWP guidance etc. is irrelevant. All that matters is what the law says and how the caselaw interprets that. He continues to disregard that and starts a thread with yet another thing he has found and patently does not understand.

    Edited by moderator

    Here’s the link to the regs http://www.legislation.gov.uk/uksi/2013/387/regulation/27/made

    Edited by moderator
  • Government_needs_reform
    Government_needs_reform Member Posts: 859 Pioneering
    My dear @Yadnad  I thought you was giving up on the PIP idea my friend and you was gonna live life to the full while you can, to me your just gonna make yourself more unwell keep dwelling over this obsession with PIP.

    Try and just have a nice Xmas with your wife and family ? and don't let this get to you it really isent woth it, if I was your age I would love to tell the benefits people to bog off who needs **** like this at that time of life I know I don't.

    Also I've not been on here much as I've not been to well myself but I like to wish you all a Merry Christmas @Yadnad @mikehughescq and @poppy123456 and to all the Scope team and anyone else I may have forgot. God bless you all and hopefully things will be better in 2019 for us all. ?????

    ⬇️
    I created one of the campaign election videos for Labour, and Jeremy Corbyn,
    This is a new version of Emeli Sande, Hope "You Are Not Alone
    I highlighted everything that's wrong with this country from benefits, NHS, UC etc, but now we have to put up with the hate now that is the Tories. 

    You can see the video here.
    https://m.youtube.com/watch?v=P5o8hRHh9IY


  • mikehughescq
    mikehughescq Posts: 8,838 Connected
    @Government_needs_reform and all the best to you and yours.
  • poppy123456
    poppy123456 Member Posts: 28,349 Disability Gamechanger
    @Government_needs_reform thank you. Merry Christmas to you and yours too.
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