Changes after 65

Estelle

I have been on lower rate PIP with no mobility allowance for the past 10 years. I have turned 65 last July and have just had a reassessment. Now been allocated enhanced PIP. The assessor said I should now also be entitled to the lower rate mobility but since I have turned 65 this was disallowed. Is that correct?

calcotti

No I don't think it is.
You cannot be given a new, or higher, mobility after reaching pension age which is 66. You should therefore be able to get a low rate mobility award if appropriate. 
If this is just what the assessor has told you ignore it. The important thing is the decision letter and the Decision Maker will know the rules.

janer1967

As above I think their advice is incorrect and make sure you challenge it if you dont get it awarded 

However is this just the assessor saying you have been awarded or have you had the decision letter   it usnt the assessor who decides your award it is DWP decision maker . The assessor makes recommendation though they normally go with the report 

Estelle

Thanks for your replies. I originally had a decision of low rate pip and nothing else, again. I challenged it and asked for a reconsideration. I was phoned with a new rating of high pip and low mobility. She then realised that I had turned 65 and said that she couldn't give me the mobility bit. I said 'but I don't retire till 66' and she replied, 'sorry that's the law'. Just didn't sound right.

calcotti

I suggest you appeal the decision not to award Mobility. Hopefully another DM will look at it before it gets to tribunal and will correct the award.

What does the actual decision letter say about mobility. Does it say it show a point score at all?

if you haven’t had the decision yet it may be worth ringing them again and seeing if you can speak to a Decision Maker and reference the regulations which I have included in the following post.

calcotti

The relevant regulation is 27(2) of the
Social Security (Personal Independence Payment) Regulations 2013
as amended by
Social Security (Personal Independence Payment) (Amendment) Regulations 2020

These prevent a new award of, or the increase of an existing award, of the mobility component to persons who have reached the ‘relevant age’.

Relevant age is defined in The Welfare Reform Act 2012 as 

(a) pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995); or
(b) if higher, 65.

For many years this would of course have meant the relevant age was indeed 65. Seems you have been dealing with people who are not aware that State Pension age has been increasing and is now over 65 for both men and women (rendering sub paragraph (b) irrelevant.

wilko

@Esttelle, hello and welcome, as the previous poster as pointed out quoting the relevant pieces of information may help you win the day when did you reach 65 was before your assessment or after may have an affect on the outcome. But the information given by @calcotti, looks like the best way to challenge the award notification. Check and double check the information via searching on line ect. Let the community know how you get on.

calcotti

wilko said:.. when did you reach 65 was before your assessment or after may have an affect on the outcome. 

That makes no difference. Becoming 65 has no relevance.

Estelle

Thank you all for comments. I will let you know how I get on.