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PIP mobility component not for 65+

rosiejoe

Hi I applied on behalf of friend, already qualified for pip previous years. Now a pensioner so new claim. Went to assessment. Points are 1short for enhanced rate. original assessor actually put opposite of what was said at assessment is his viewpoint. Went for mandatory, same points upheld. Reply reads" the law says that claimants over 65 or state pension age can't be considered for the award of the mobility component". Why then did or do they carry out that part of an assessment and award points. Are the points deliberately being kept under the "threshold". Am confused. Also friend can't read, embarrassed to let anyone know so says it's dyslexia. Mandatory says no proof of dyslexia (true)& then says you got no help at school for this. Also they believe she can read and understand signs and plan a journey unaided.
1. Over 60 years ago no one got helpfir dyslexia to my knowledge
. 2 not born here and never ever attended school.
Do I appeal ( or not bother if not actually able to be awarded extra point)
I could maybe get her GP to write supporting the not able to read if friend consents but....
Advice sought. And big thanks

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poppy123456

Hi,

More information is needed please. Was this a transfer from DLA? Or was it a change of circumstances and she was already claiming PIP?

rosiejoe

My appeal not really going to be based on the mobility points. I was just surprised to read the bit about pensioners not being entitled. Friend was already on pip, that had to be be reassessed ( I believe because of the age change/and off of ESA to pension,I could be wrong) the reason why she was eligible to reapply even though of pensionable age as been on it before. I am more concerned that they insist that she can "read" complex written matter. No reading test was taken. I reckon I should go for appeal.

poppy123456

As she was of pension age then i'm afraid DWP are correct, she won't be able to claim the mobility part because she didn't previously receive this. She can now only claim the daily living part.

rosiejoe

Just wondering why they actually assessed her for this then. Gave 2 points.
So what you're saying is even if you'd previously claimed pip, prior to hitting 65 you'd not be able to qualify for mobility at std or enhanced rate anyhow. Surely that is age discrimination? Think the forms should be more clearer. Thanks I will just appeal for the extra point on the living part.

poppy123456

They assess her because PIP has daily living and mobility parts but because she's over state pension age then she can't be awarded it because she didn't claim it before reaching state pension age.

If she was claiming the mobility part before reaching this age then she would keep it for as long as she remained entitled to it. If she only had the standard rate before this age then she wouldn't be able to claim Enhanced rate.

rosiejoe

Don't think she had the mobility part before reaching state pension age. So really they shouldn't have assessed her for it, if not entitled before. I think some transparency within the document is needed. I can and will appeal the daily living bit. Am assuming she can go for enhanced even if previously it was standard? Or is that also limited. Thank you for your response, most helpful and appreciated

cristobal

... friend can't read, embarrassed to let anyone know so says it's dyslexia. Mandatory says no proof of dyslexia (true)& then says you got no help at school for this. Also they believe she can read and understand signs and plan a journey unaided.

@rosiejoe - if your friend can't read, but this isn't as the result of a health condition, then this won't be considered...

Can I suggest that you take care - as you mention that you plan to get her GP to write a supporting letter..

poppy123456

The daily living can be appealed yes and the first step is to request the MR within one month of the date of the decision. I'd advise you to speak to an advice centre near you.

rosiejoe

Already done MR took 10 weeks, no change, so now I appeal.ta

rosiejoe

Cristobal. Points were awarded previously And on ESA as well. No medical,. Etc brain damage etc. I understand what you are saying,I will double check criteria. Thanks

poppy123456

I'm assuming she had Enhanced daily living previously?

ESA and PIP are different benefits with different criteria.

Swordfish

Does this apply pensioners? I'm **** next month and waiting for M.R.for pip..I'm not holding my breath for that, preparing for tribunal , and I'm repaying overpayment. ?

poppy123456

Swordfish said:

Does this apply pensioners? I'm **** next month and waiting for M.R.for pip..I'm not holding my breath for that, preparing for tribunal , and I'm repaying overpayment. ?

If you were previously claiming PIP and you didn't have a mobility award at all then you won't be able to claim it anytime in the future. If you had Standard mobility then you will be able to be awarded this by the Tribunal but you won't be awarded Enhanced mobility because of your age.

If you are transferring from DLA then you will be able to claim any mobility award.

Misscleo

This is important. Surely the over 65s are more likely to have mobility problems. So they will NEED more money to get about.
That should be commonsense

cristobal

Misscleo said:

This is important. Surely the over 65s are more likely to have mobility problems. So they will NEED more money to get about.
That should be commonsense

@misscleo - don't forget that PIP relates to a health condition not the fact that you become less mobile as you get older.

cristobal

@rosiejoe -I don't know anything about ESA but this might help as regards PIP...

If the claimant cannot read, this must be as a direct result of their health condition or impairment e.g. visual impairment, cognitive impairment, learning disability. Illiteracy or lack of familiarity with written English are not health conditions and should not be considered, except where they arise as a consequence of a sensory or cognitive impairment.

poppy123456

cristobal said:

@misscleo - don't forget that PIP relates to a health condition not the fact that you become less mobile as you get older.

This is the exact reason that mobility can't be claimed by those of state pension age and above, if they don't already claim it. It's because the older a person gets the more chance they have of becoming less able to walk because of age.

poppy123456

ESA is a working age benefit and can't be claimed by those of state pension age.

rosiejoe

Yes I know. I understand they are different benefits . Was just saying that at the time friend qualified under that reading section.

Swordfish

Both Disability Living Allowance and Personal Independence Payment (which is replacing DLA) provide help with the extra costs disabled people face when getting around. The DLA or PIP mobility component can continue to be paid indefinitely, but there is an upper age limit of 65 for new claims. This means that some older people cannot get benefits for mobility needs and cannot access linked schemes such as Motability.

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What mobility benefits are available?

Disability Living Allowance (DLA) is a benefit to help people with the extra costs of being disabled. The mobility component of DLA – for help with getting around – is paid at two different levels. The care component – for help with personal care needs – is paid at three levels. For people of working age, DLA is being replaced by Personal Independence Payment (PIP), which has a mobility component and a “daily living” component, each of which has two rates (“standard” and “enhanced”).

DLA and PIP age rules

For both DLA and PIP, there has always been an upper age limit for new claims. People can continue to get DLA or PIP beyond the age of 65, if they continue to satisfy the relevant disability tests, but new claims must have been made before the person’s 65th birthday. Attendance Allowance (AA) may be claimed by people aged 65 or over with care needs, but it has no mobility component.

Effect on other benefits

The upper age limit for new DLA or PIP claims means that people with health problems or disabilities which emerge only after they have reached 65 cannot get help through the benefits system for mobility needs. It also means that they are unable to access other benefits which are linked to receipt of the DLA or PIP mobility component, including the Motability scheme and exemption from Vehicle Excise Duty.

Why is there an upper age limit?

Successive governments have justified the age limit for new claims on cost grounds and the need to give priority to those disabled earlier in life, who are likely to have had less opportunity to work, earn and save than those with mobility needs emerging only after they reach 65.

Isn't this discrimination?

It is often argued that this constitutes age discrimination, but the courts have ruled that the age limit is not unlawful.