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Making a new PIP claim for an over 65

Yadnad

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

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

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

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

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

poppy123456 said:

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

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

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

You'e misreading this. You can't make a new claim for PIP because you're over the age of 65.

@Username_removed here's one person that will give you your definite answer...can you please help answer this question mike? Thanks in advance.

atlas46

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

@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.

poppy123456

@Username_removed this is the link that yadnad posted.

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

justg72

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

poppy123456 said:

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

Edited by moderator

Yadnad

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

Government_needs_reform

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 @Username_removed 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. ?????

poppy123456

@Government_needs_reform thank you. Merry Christmas to you and yours too.

Yadnad

Thanks for the advice. I thought that it would be a long shot.
As I have explained before, I do not believe that I would qualify for AA on the grounds of the level of care that one would need. In which case there would be no point in making a claim that is going to fail on that basis - I would be wasting my time and that of the DWP. Surely you have to have some certainty of success when applying for benefits?
I have completed 3 PIP2 forms already so I do have experience in filling them in.
As a member of the public that has no normal access to the regulations or case law all that I can reasonably read are the notes, explanations and advice that is put out by the DWP. I doubt many ordinary members of the public would have the time and ability to understand all of that.
As regards the PIP appeal, I am in a position where I don't feel comfortable or capable of personally taking the claim to a Tribunal without outside help..

poppy123456

It seems like this is all you talk about. Im sorry but it's becoming continuous with you now. Plenty of people claim PIP successfully without having any knowledge of case law but you seem to make a huge task about everything you do.

You never made any of your claims easy for yourself by insisting you stick to the DWP "rules" about the evidence being within a certain time frame. These rules don't exist. There's people that claim successfully with evidence from many years ago.

You've said so many times that you have no intention of requesting the Tribunal for your most recent decision, unless you have representation. Time to move on and continue with the rest of your life, don't you think? Just like you said in a past comment made by you.

justg72

Hi Yadnad,
Glad to be of help, I noticed in the other threads that you mentioned that you do not think that you will qualify for the Attendance Allowance. I have copied this for you it looks very similar to the PIP questions criteria.

When completing the form, don’t underestimate you or your relative’s needs. Be realistic and note the amount of help needed on bad days, as well as on good ones. This is where a diary will come in helpful. Things to think about when completing an allowance claim form include:

Washing: does your relative need help getting in and out of the bath or shower, washing their hair, or shaving?

Going to the toilet: does your relative need help going to the toilet during the day or night? Do they suffer from incontinence? Might they need help with changing beds?
Getting dressed or undressed: does your relative need help with this?
Mealtimes: does your relative need any help with eating or drinking? Do they have difficulty operating the oven, opening cans or doing other things in the kitchen?
Medical treatment: do they understand which medication to take when? Can they operate medical devices (such as a hearing aid) or safely manage any illnesses (such as diabetes) by themselves?
Getting around indoors: does your relative need help navigating stairs, moving from room to room, getting in and out of chairs or bed? Aids and adaptations to list include a hoist, monkey pole or bed-raiser; a commode or raised toilet seat; bath rails, shower seat or a hoist to help bath or shower; a walking stick, walking frame or crutches; special cutlery or a feeding cup to help eat and drink.
Communicating: if your relative has poor sight, do they need help reading their post? If they are deaf, do they need help communicating? Can they hear the doorbell?
Supervision: is your relative in danger of falling? Do they need someone to watch over them in case they have a seizure or a fall? Are they confused and likely to put themselves in danger if no one is there to monitor them?

I know it mentions relative, however think off yourself when answering the questions and have you a carer etc.
Can I ask how long ago was you refused PIP? and are you within the time limit to appeal their decision?
I would contact F.R.U. just to see how the referral service works and to see if they would be able to offer representation. Like I said before I have had two totally different experiences one agency no support and on the other hand absolutely fantastic with the second agency completing my E.S.A. form and is now waiting for my tribunal bundle to ask DWP to supersede their decision if I have strong evidence of winning my tribunal in his opinion. I also maybe able to get representation with my tribunal. Mine isn't as straight forward as theres so many errors from start to finish with my PIP claim because of errors on the report and 3 maladministration errors after the decision and this is been taken further and I have been advised I have a strong case. I understand what it is like to have no support. Please have faith in other agencies as there not all the same.
Good luck Yadnad in what you decide to do.
Take care