Likelihood a revised claim will be accepted?

MrsFray20

My mum has been on PIP standard since she was 64 (now 70) and has never been reviewed. Her health has deteriorated in the past 2 years and mobility is limited.  My dad has also recently been diagnosed with cancer, therefore I care for them both whilst also working full time.  My mum is scared to be reviewed as she has heard "rumours" that they are throwing people off the scheme due to stricter criteria.  I believe she should be on the higher benefit due to her condition and my dad's, as I have to travel back and forth to see them daily and assist with daily living with no car.  The option to lease a car would be ideal and make such a difference.
Thanks for reading. 

janer1967

Hi there 

I am not 100% sure but my after checking internet  my understanding is that unless you have an award for mobility in place before state retirement age you are not able to put in a new claim gor the mobility element which is what you would need for a car 

I would contact welfare rights to get advice 

Or hopefully someone else in here will advise 

calcotti

Janer is correct. A mobility component cannot be added (or increased) after pension age has been reached. Therefore your mother has no possibility of accessing a Motability car. If she is only getting Standard rate Daily Living she can ask to be reviewed to see if she is entitled to the Enhanced Rate. If your father is not already getting a disability benefit himself he could see if he might qualify for Attendance Allowance.

chiarieds

Hi @MrsFray20 - & welcome to the community. Your mum could contact the DWP (Tel: 0800 121 4433) to report a change of circumstances as her condition has worsened, then she would be sent a new PIP claim form. The criteria are not stricter, & rumours are just that, as I'm sure you know. So, as long as this is filled out giving a couple of recent detailed explanations as to the difficulties she's faced for each applicable descriptor, this would go a long way in helping her PIP claim. It's these real life examples that are needed. What happens when she attempts an activity/descriptor, why is it difficult, who witnessed it, when did it happen, & what, if any, are the consequences of attempting/doing such activities?

Also the concept of 'reliability' is very important, i.e. can an activity be done safely, to an acceptable standard, & can she repeat an activity as often as would be normally expected, & does it take her longer than someone without her disability? If you would look through the following link this may give an idea as to where points may be awarded for both the daily living & mobility components. Please also read the notes at the end. Please see: https://www.cambridgeshire.gov.uk/asset-library/Scores-for-PIP-Descriptors-2020.pdf

As mentioned above, unfortunately her standard award for mobility can no longer be increased.

I hope this helps, & your Mum might feel reassured.

MrsFray20

Thank you all. That's great advice. I was not aware of the mobility car being unavailable post retirement age. Should of found this site sooner. I will read up on the page you have suggested too. Must also add my dad is not on PIP he claims a private pension, which is also why we believed he was not entitled. Thanks again! 

calcotti

More information on PIP here Personal Independence Payment - Citizens Advice and information on AA here Attendance Allowance - Citizens Advice. Neither of these are means tested so dad's income is not relevant.

calcotti

Mike, the thread you refers to is an appeal concerning a decision about refusing to add mobility to an award based on the law as it stood before the introduction of the Social Security (Personal Independence Payment) (Amendment) Regulations 2020 which changed the law from 30th November 2020. This is actually referred to by Elliott in one of the posts in that discussion.

That new regulation has, as I understand it, closed down what the DWP perceived to be a loophole.

(I for one am not striving or jostling to be somebody else, and would never claim to infallible. As the rightsnet discussions show there is room for differences of opinion between people who are benefits advisers.)

janer1967

Mike 

I did state it was only what I had found on internet and that was gov advice 

I also said to get expert advice 

Apologies to op if I caused any confusion and anyone else who agreed 

calcotti

And the opening post says she is now 70 and change occurred in last two years. As she has also only been on PIP since the age of 64 I infer that was as a result of transfer from DLA to PIP. Clearly it is not possible to demonstrate that any mobility issues are 10 years old prior to the last PIP assessment.

chiarieds

Apologies, as this is not necessarily relevant to the OP, but I can't see Jane posting anything other than what she normally does, & I don't feel I'm doing any different either. Yes, there are sometimes/often problems with benefit advice posted, but I'm certainly not striving/jostling to be the new Poppy. I've mentioned on previous threads, that I only have a fraction of her knowledge. The fact I'm interested in learning more about benefits (ask Adrian if some of my previous replies haven't shown this), does not imply I'm trying to be like Poppy, someone for whom I have the utmost respect, thank you. I'm also aware that calcotti, whom I don't know, will in fact know Poppy. They also have made their own disclaimer, which I have no cause other than to respect.

As ever, I respect your viewpoint, but not your penultimate post as regards people trying to be the 'new Poppy.'

calcotti

Username_removed said: Not quite sure what your point is. Got PIP from 64. Developed mobility issues at 68. 

To quote “ The cumulative effect of regs 27(2)-(4) in your client’s case is that a supersession based on a change of circumstances which occurred post-pension age could not be made which awards ERM for the first time. 

However using the medical evidence ground under reg 26 D&A avoids that restriction entirely, so the default rule in reg 27(1) i.e. that any supersession is permitted, applies.”.

That second para. is key. 

As you said here

Username_removed said:

If the person achieved pensionable post the change then the change is relevant. Otherwise, not. 

So my point was that clearly in this case the change took place after reaching pensionable age (which in this case would have been 60) so the change is not relevant.

I am not clear what you are quoting from but hasn’t this option been removed by the amendment regulation in force since 30/11/2020?

janer1967

In my opinion all this has done will be to totally confuse the original poster and others 

Do we really have to go through all this sort of backward and forward 

Personally I would like to know the answer to a simple question that was asked ad I am now myself confused 

So if I can ask if someone is over pension age and has daily living pip but isnt already in receipt of enhanced mobility can they get it if they tried now in 2021 

I just want a simple answer 

@Adrian_Scope maybe you can give your input here 

calcotti

janer1967 said: So if I can ask if someone is over pension age and has daily living pip but isnt already in receipt of enhanced mobility can they get it if they tried now in 2021 

I just want a simple answer.

I completely agree that these extended back and forth exchanges are likely to lead to confusion.
My understanding is that the answer is no. Mike has a different understanding.

chiarieds

Having read the link Mike posted, dare I say it, I understood hopefully, that in this case the OP's Mum could possibly get the enhanced rate for mobility.

Having said that, as I hope Mike knows, I respect him. If he now has a poor opinion of myself, then I'd rather step back from 'trying' to give any benefits advice, tho if he cared to look back over the past month even, he would see my replies haven't changed. Then I ask myself, why am I here, a robot could say 'Hi & welcome' to newcomers. I'll remain silent, whilst you can remain benignly amused. Perhaps if I do that for long enough you may believe what I've said after all.

janer1967

Just to add as my name has been mentioned my stance on advice I give 

I am in no way trying to fill anyone shoes . I have always in the 2 years being on here advised where I can as mike and chiareds have said 

However I have learnt a lot in that time which has given me the knowledge to be able to advise more 

All I aim to do and continue to do is give advice where I can 

Adrian_Scope

We’re receiving a lot of reports about this thread and as a result are closing it pending a proper review in the morning. 

- Adrian 

Cher_Alumni

Hi everyone,

After a review of the thread by the community team, a few points need addressing:

• Please keep discussion on the topic of the OP’s query.  Respectful debate is absolutely permitted and a healthy component of any online community.  However, when broader issues between members are unnecessarily drawn into conversation it risks making all feel unwelcome and dissuaded from seeking support in the future.  Indeed, it also detracts from us forging a positive community environment where all opinions are respected, even if not agreed with.  To reiterate, please report any issues to the Scope team to deal with by using the flag button, rather than respond to posts in the heat of the moment and in anger/frustration. 
• Unfortunately, it’s clear that there is some debate about a conclusive answer to your question @MrsFray20 So I would urge you to get independent advice from either the Citizens Advice or a local organisation, which you can find by inputting your postcode onto the Advicelocal website and selecting 'Welfare benefits' from the drop down list.  Good luck ?

This thread will now be closed to avoid further deviation from the OP.  Thank you all.