That was Quick PIP, and I don’t mean Charles Dickens PIP

malstuval

Hi Everyone 

I received my pip award letter on Saturday,1st August, I don’t know why but from the date of my telephone assessment to receiving  the award letter it only took 2 weeks and 3 days. 

I was awarded the Standard rate for Daily Living and Mobility, even though they accepted that my mobility had got worse, the award period is “ For an ongoing period “ and the decision maker stated the following…

… “The law says we cannot award or increase the mobility part of PIP for claimants state pension age or over, whilst I accept your mobility has worsened I cannot look at your award as this happened after you reached state pension age”

If I had the money I would fight this ruling in the court of human rights, because to me, it is discrimination on the grounds of  my age.

But as I always say, I am grateful for this monetary help.

A bit of cake is better than no cake at all.

What do you my friends say?

atlas47

Hi @malstuval

Glad that you got your PIP.

The “ongoing period” means that they will review your award in 10 years.

It looks like your mobility needs changed after state pension age, therefore they have not increased the mobility component.

This is the same for anyone over state pension age, you cannot be awarded PIP, you will considered for AA, which has no mobility award.

Hope this helps.

malstuval

Hi Atlas46
I’m not aware of the AA you mentioned could you please explain a bit more for me?

atlas47

Hi @malstuval

Of course.

Attendance Allowance is for people over state pension age, to fund the extra care needs of that person. There is no mobility component.

As you had been awarded the standard rate of PIP, prior to reaching state pension age, it continues in  payment, in your case for next ten years.

The latest thinking coming from the DWP, is that these “reviews”, will be a light touch.

In other words, they will use the file that they have on the claimant. By way of example, I am due a review in 2029, by which time I will be 78 years young. I get enhanced for both component, goodness knows what state I will be in 2029!!

Hope this helps.

hughiemachrins

Duplicate comment.

Cher_Alumni

Hi @malstuval and thanks for giving us an update.  I'm glad the decision was a positive one.

Just to let you know, I've merged your threads together to keep all posts in this one spot and hope our members replies have helped clarify what Attendance Allowance (AA) is.  Here's a government webpage about AA with more information.

Take care and if you have any more questions, please ask away.

wilko

@malstuval, hello as @ woodbine said the law is the law. If your knew you  where coming up to retirement age and your mobility was or had worsened you could or should have put in for a change of circumstances and then your mobility may or could have been backdated to the time of your application for a change of circumstances instead of waiting for the DWP to contact you for your review.

malstuval

No it wasn’t like that my health condition only changed 3 months after I was 66, I didn’t need to inform pip until March this year and I didn’t know about the state pension age law until last week, it was all serendipity that this health condition changed in March, but I don’t mind now, there are people  suffering worse conditions in there lives and at least we live in a part of the world where we get this help, so I’m great full for small mercies 

malstuval

Morning Nice people 

First of all thanks mikehughescq for the link to rightsnet, below is what I found but I don’t understand a word of it, could anyone put it in easy to understand language for me? are they saying pip could move a state pension age claimant to Enhanced level or not?

Thanks in anticipation 

There is a fairly common misapprehension that PIP awards cannot be superseded to include or increase a mobility component except on the basis of issues which pre-date retirement. This is on the basis of Reg 27 of the Social Security (Personal Independence Payment) Regulations 2013. The Regulation is worth reading closely, as this case shows.

Reg 27(1) provides an exception to the usual rule that PIP cannot be paid to people of retirement age. That is then subject to a potential limitation. Reg 27(2) tells us when the limitation applies:

(2) Where the original award includes an award of the mobility component and is superseded for a relevant change of circumstance which occurred after C reached the relevant age, the restrictions in paragraph (3) apply in relation to the supersession.

Reg 27(3) tells us that the limitation is that (a) you can’t go from standard to enhanced and (b) if you are already on either standard or enhanced, you can’t stay on it unless its on the same basis as previously (Note that there is nothing in reg 27(3) to stop you going from no mobility to either standard or enhanced). 

The point made in this case is that reg 27(2) onlyapplies where the award “is superseded for a relevant change of circumstances”. A supersession on any other basis is not restricted.

As we know from innumerable other cases on this theme, the DWP does not need to prove a “relevant change of circumstances” in order to supersede an award. That’s because it can use Reg 26 of the Decisions and Appeals Regulations to supersede a decision simply on the basis that it has received new medical evidence such as a HCP report. Because that ground is broader and easier to prove, it is almost invariably the one which the DWP relies on.

Because a supersession under reg 26 D&A Regs does not depend on a “relevant change of circumstances”, it does not engage the limitation under reg 27(2) PIP Regs. A supersession under this ground can therefore be used to introduce or increase a mobility entitlement beyond pension age.

Further - because the claimant is entitled to take advantage of the most advantageous supersession ground available (see para 22), even if the supersession comes about because of a change of circumstances (e.g. a fall, broken leg or a stroke), provided that a HCP report has been obtained the ground under reg 26 D&A will still be available and should be used. 

This is likely to be extremely useful if you are advising PIP claimants beyond pension age.

calcotti

Username_removed said:

And yet DWP constantly get this aspect of the law wrong again and again. 

See https://www.rightsnet.org.uk/forums/viewthread/16308

I thought new regulations had now closed this 'loophole'.

atlas47

They have, if you read the link to the end, it states they have closed that loophole.