Help with PIP payments.

Hi, I'm 65 and 3 months old, and I've been in reciept of high rate mobility since 2014.

A month ago a had a review and the results came back yesterday - I have been granted Disability Lving allowance at the lower rate, and Mobility at the lower rate.

The letter goes on to say "I would have got high rate Mobility if I wasn't over 65? - Now I've been getting this since I was 63. I understood that so long as I was on the high rate before I turned 65 it could and would continue.

Who's right?

If anyone has the rule that applies I'd be gratefull.

Thanks

---------- Post added 14-04-2017 at 12:36 ----------

I still can't find the actual rule that states - I can continue claiming, or one that say's I can't. As I now understand the rules it goes like this.

No NEW claimes can be made after reaching 65 (you must apply for AA attendance allowance instead.)

Claimes made a week before your 65 can/should go through, as the cut of age is from when you claim, not when you start recieving PIP.

If you're recieving DLA before your 65 and DWP ask you to swap/change to PIP after you reached 65 the age limit is Disregarded (you can get it, if you qualify)

If your already claiming PIP before you reach 65 you can carry on claiming it, Not only that, if you get worse the ammount awarded CAN be increased (from low to high) LIVING ALLOWANCE ONLY.

Mobility allowance can only be paid at the rate you were previously granted. It can't be increased, but it can go down.

If for some reason, after your 65 you stop claiming PIP (no longer ill enough etc) you can claim it again providing the reason you got it first time are the same as the reason your re-claiming. this gap can be for upto 12 months.

I'm still trying to find the exact rules and regulations Please.

I think you probably need expert advice. I'd make an appointment at Citizens Advice Centre.

PART 6Provisions relating to age

Exceptions to section 83 where entitlement exists or claim made before relevant age

25. Section 83(1) of the Act (persons of pensionable age) does not apply where C has reached the relevant age if C —

(a)was entitled to an award of either or both components on the day preceding the day on which C reached the relevant age; or

(b)made a claim for personal independence payment before reaching the relevant age and that claim was not determined before C reached that age but an award of either or both components would be made in respect of C but for section 83(1) of the Act.

Claim for personal independence payment after an interval and after reaching the relevant age

[B]26.—(1) Where C has reached the relevant age and makes a new claim in the circumstances set out in regulation 15 the following exceptions apply.

(2) The exceptions referred to in paragraph (1) are —

(a)section 83(1) of the Act (persons of pensionable age) does not apply;

(b)the reference to ‘2 years’ in regulation 15(1)(b) is to be read as ‘1 year’;

©where C is assessed as having severely limited ability to carry out mobility activities for the purposes of the new claim –

(i)C is entitled to the enhanced rate of the mobility component only if C was entitled to that rate of that component under the previous award; and

(ii)where C is not entitled to the enhanced rate of that component because of paragraph (i), C is entitled to the standard rate of that component provided that C was entitled to that rate of that component under the previous award; and

(d)where C is assessed as having limited ability to carry out mobility activities for the purposes of the new claim, C is entitled to the standard rate of the mobility component only if C was entitled to that component, at either rate, under the previous award.

Revision and supersession of an award after the person has reached the relevant age

27.—(1) Subject to paragraph (2), section 83(1) of the Act (persons of pensionable age) does not apply where —

(a)C has reached the relevant age and is entitled to an award (“the original award”) of either or both components pursuant to an exception in regulation 25 or 26; and

(b)that award falls to be revised or superseded.

(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.

(3) The restrictions referred to in paragraph (2) are —

(a)where the original mobility component award is for the standard rate then, regardless of whether the award would otherwise have been for the enhanced rate, the Secretary of State -

(i)may only make an award for the standard rate of that component; and

(ii)may only make such an award where entitlement results from substantially the same condition or conditions for which the mobility component in the original award was made.

(b)where the original mobility component award is for the enhanced rate, the Secretary of State may only award that rate of that component where entitlement results from substantially the same condition or conditions for which the mobility award was made.

(4) Where the original award does not include an award of the mobility component but C had a previous award of that component, for the purpose of this regulation entitlement under that previous award is to be treated as if it were under the original award provided that the entitlement under the previous award ceased no more than 1 year prior to the date on which the supersession takes or would take effect.[/b]

C = Claimant

Yep... Citizen's Advice, or a world class, very expensive lawyer.

On the other hand you could just draw on it with a couple of wax crayons...

I don't really understand why someone who develops a condition at 66 should be treated differently for benefits purposes to a person who has had the condition since they're were 64. What is the rationale behind the rule?

I don't really understand why someone who develops a condition at 66 should be treated differently for benefits purposes to a person who has had the condition since they're were 64. What is the rationale behind the rule?

There only treated differently with regards to mobility, if your mobility gets worse after the age of 65 they put it down to fair wear and tear.

With a lot of research, and a £15.00 spend on the CPAG book "Personal Independence Payment-what you need to know" I won my appeal without actually going to court.

I wrote to the court telling them my reasons why i thought their decision was wrong, and they sent a copy to DWP, dispite the face that this was exactlly the same reason as i quoted in the review they decided to reverse their decision, NOT go to court and to pay me the correct ammount. It's taken 12 weeks of hard work, but the end result was worth it. - thanks to you all.

---------- Post added 22-06-2017 at 16:52 ----------

ps

The book wasn't much help as it didn't contain the actual rules to quote. in fact i'd say it was a waste of £15.00. (your's for a tenner - lol)

With a lot of research, and a £15.00 spend on the CPAG book "Personal Independence Payment-what you need to know" I won my appeal without actually going to court.

I wrote to the court telling them my reasons why i thought their decision was wrong, and they sent a copy to DWP, dispite the face that this was exactlly the same reason as i quoted in the review they decided to reverse their decision, NOT go to court and to pay me the correct ammount. It's taken 12 weeks of hard work, but the end result was worth it. - thanks to you all.

 

---------- Post added 22-06-2017 at 16:52 ----------

 

ps

The book wasn't much help as it didn't contain the actual rules to quote. in fact i'd say it was a waste of £15.00. (your's for a tenner - lol)

Well done you!

Shows it can be done, but what a performance to have to go through to get it. I only wished people who criticise realised the amount of willpower, hard work and stamina it can take just to get what you're entitled to. And of course not everybody has those, especially when they are ill or disabled.

It really shouldn't be like this.

Anyway, thankyou for keeping us up to date with your progress. I'm sure it will inspire people to keep on going. And once again, I'm really pleased for you, well done!

Thank you,