From DLA to PIP
We helped John from Coventry with his move from Disability Living Allowance (DLA) to PIP. As usual, the work was done by phone after he sent the signed form to us. His DLA award was lower rate mobility component and lowest rate care component. We always provide clients with a copy of the agreed form wording and detailed written advice on their entitlement. This typically sets out what we expect them to get from the assessor/decision maker, and what they are actually entitled to, in other words, what we would expect to achieve with an appeal to an independent tribunal. There should not be such a difference since the same test and law is being applied by both, but we do not find this to be the reality. A client needs to know what is likely to happen in practice, as well as what could be achieved if they went on to fight for their full entitlement.
On John’s PIP conversion claim, he was awarded the standard rate of both the daily living and mobility components. Since there is no equivalent of lowest rate DLA care, this represented an improved award and more money so John was pleased and relieved. A typical PIP award lasts for three years and we were also happy that his award was for 5 years.
He scored 11 points for daily living, just one short of the 12 needed for the enhanced rate. Our advice was that he was unlikely to improve on 11 points at the mandatory reconsideration stage and would need to appeal to a tribunal to achieve his full entitlement. John had a difficult decision to make; our job is to give a client clear objective advice on which to base such a decision. He chose to stick with his improved five-year award.
Deciding Appeals in the Absence of Claimants