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Thread: Entitled to PIP until Dec 2019 - but can be ignored by DWP?

  1. #1
    New Member keithy397's Avatar
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    Entitled to PIP until Dec 2019 - but can be ignored by DWP?

    Hi.

    3 years ago I went through the transition from DLA to PIP and was awarded Enhanced Care and Standard Mobility. I was previously on the high rates of mobility on DLA - so I appealed. I had the decision set aside at the Appeal and was awarded the Enhanced Mobility along with Enhanced Care.

    In January this year, I had a letter and form enclosed and was told it was a review to see if I had got any worse. (Yeah, right) I sent the form back and the DWP have referred me to Capita. I've already had 3 cancellations by them and have another home visit due on 29 May 2019. Anyway, recently I noticed in the letter from my Appeal in 2016 that I was entitled to Enhanced rates of PIP until 9 Dec 2019. I phoned the PIP helpline and was told that if I am awarded the Standard rate for either or both, or lose any components it would take effect immediately! So, despite being told I'm ok until Dec 2019, apparently they can take it away earlier??

    I should mention that I had no assessment for the transition from DLA to PIP so it seems to me they are intent on reducing my PIP entitlement (as they did previously), 4 months before my 65th birthday.

    Any insights or help would be most appreciated.
    Last edited by keithy397; 05-10-2019 at 01:14 PM.
    Cheers,
    Keith

  2. #2
    PIP reviews are conducted 6-12 months before the end of an existing award to give time to have it completed before the award expires. The new award takes effect on the date the decision is made, whether it be the same, higher or lower. I'm afraid that's just the way it is: some who get a higher award win, those who get a lower award do seem to lose out, but as the new assessment is based on the condition at the time of the assessment it would be argued that the condition had changed since the previous assessment. DWP can, if they choose, review and reassess at any time and are not bound to wait for the end of an existing award.

  3. #3
    New Member keithy397's Avatar
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    Quote Originally Posted by noisynoodle View Post
    PIP reviews are conducted 6-12 months before the end of an existing award to give time to have it completed before the award expires. The new award takes effect on the date the decision is made, whether it be the same, higher or lower. I'm afraid that's just the way it is: some who get a higher award win, those who get a lower award do seem to lose out, but as the new assessment is based on the condition at the time of the assessment it would be argued that the condition had changed since the previous assessment. DWP can, if they choose, review and reassess at any time and are not bound to wait for the end of an existing award.
    Thanks for your reply @noisynoodle.

    I can't agree that having been given a 3 years 'pass' on PIP they seek to reduce that length of time by what could be as much as 10 months if everything would have gone smoothly, but obviously didn't. Also, I can't see how getting the same award, ie the highest, can be seen to be a win!

    The way I see it is that the DWP actively seek to reduce the time periods to save money, regardless of the cost. In 4 months time when I reach 65, from what I have read on various web sites I will no longer be able to claim PIP, I will have to claim Attendance Allowance to which there is no mobility component. So it just appears to me that's their reason for 'reviewing' my case now.

    All this, to me, means I lose the car again and have to go through the procedure of purchasing another but this time with no help from Motability.

    Maybe all will go well, but I very much doubt it.

    Thanks again...
    Cheers,
    Keith

  4. #4
    Senior Member nukecad's Avatar
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    PIP does not stop when you reach retirement age, in fact they are proposing ending PIP reassessments for those over retirement age unless they motify a change of circumstances.

    Attendance Allowance can be claimed if you don't have DLA/PIP at retirement age

    And note that is not necessarily 65, retirrment ages are going up.

    As for early reassesment.
    I'm sure we would see a lot more complaints if they waited till your award/money stopped before reassessment.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  5. #5
    I received my renewal notice one year early but once returned nothing happened fo five months. I agree though benefit can be lost & think any new decision should take place at the end of the original claim.
    Call me Mike.

  6. #6
    New Member keithy397's Avatar
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    Quote Originally Posted by nukecad View Post
    PIP does not stop when you reach retirement age, in fact they are proposing ending PIP reassessments for those over retirement age unless they motify a change of circumstances.

    Attendance Allowance can be claimed if you don't have DLA/PIP at retirement age

    And note that is not necessarily 65, retirrment ages are going up.

    As for early reassesment.
    I'm sure we would see a lot more complaints if they waited till your award/money stopped before reassessment.
    Hi nukecad,

    I understand what you're saying and I would just like to comment on a few points:

    Even though retirement ages are going up, the end of PIP age is fixed at 65. It is not connected to your retirement age and PIP cannot be claimed if you are beyond that age, but you can claim Attendance Allowance - at least that is my understanding from what I have read.

    Attendance allowance is fine and dandy for replacing the PIP Care Component, but there is no replacement for the PIP Mobility Component.

    Regards early reassessment: Your award can't be stopped before a Review / Reassessment for no reason. I don't understand your point here tbh. I feel pretty sure people would like to keep their full entitlement before having to go through a Reassessment rather than lose it as much as 10 months before the end of your entitlement because of a Review / Reassessment. My Review started in January.
    Cheers,
    Keith

  7. #7
    New Member keithy397's Avatar
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    Quote Originally Posted by gus607 View Post
    I received my renewal notice one year early but once returned nothing happened fo five months. I agree though benefit can be lost & think any new decision should take place at the end of the original claim.
    Absolutely in agreement with you gus607.
    Cheers,
    Keith

  8. #8
    Senior Member nukecad's Avatar
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    Quote Originally Posted by keithy397 View Post
    Even though retirement ages are going up, the end of PIP age is fixed at 65.
    Sorry but you have read that wrong from somewhere.

    Whether you can make a new claim for PIP is linked to your pension age, not to any fixed age.
    The PIP legislation actually refers to it as the 'relevent age', which 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.
    You cannot claim PIP after your pension age, (except in special circunstances) but will continue to receive it if you already have it before your pension age (and it will include mobility if you have that).

    As you already have PIP then it will continue after you pension date, so the above does not apply to you anyway.

    You may find this Factsheet of help: https://www.ageuk.org.uk/globalasset...ayment_fcs.pdf
    The first paragraph of that states clearly:
    This factsheet gives information about Personal Independence Payment
    (PIP), a non means-tested benefit for people under State Pension age
    who have a disability. State Pension age is gradually increasing and is
    65 and 2-3 months in April 2019 and will be 65 and 8-9 months by April
    2020.
    Agreed that AA is only for care and not mobility.
    A factsheet about AA: https://www.ageuk.org.uk/globalasset...owance_inf.pdf

    Quote Originally Posted by keithy397 View Post
    Regards early reassessment: Your award can't be stopped before a Review / Reassessment for no reason. I don't understand your point here tbh.
    Again sorry, but you have got that wrong as well.

    PIP has a fixed end date to an award, if you reach than end date without a new decision then your award ends and payments stop.
    This has happened to people who have been waiting a long time for an appeal to be heard.

    You may be getting confused with ESA which does not have a fixed end date and so is 'ongoing' until you are reassessed (or lose it for some other reason).
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  9. #9
    New Member keithy397's Avatar
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    Thanks very much nukecad for the benefit of your knowledge.

    I'm glad I was wrong on most of what I thought about PIP!

    It's still disappointing however to know that the DWP and/or Capita could cost me dearly with a poor assessment causing me to lose out on benefit I'm entitled to until 9th December, as they have done so previously until my successful appeal. Losing the benefit makes life very difficult as I have to pay a personal helper and a cleaner, not to mention the loss of the Motability Vehicle - but I understand now why the assessment has to be scheduled early, but to begin the process a full 12 months before?

    Let's hope the Capita assessor and the DWP Decision Maker actually read my medical reports properly this time otherwise it's back on the Appeal Road.

    Thanks again nukecad for the info and links.
    Last edited by keithy397; 05-12-2019 at 11:42 AM.
    Cheers,
    Keith

  10. #10
    Senior Member nukecad's Avatar
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    In an ideal world PIP would not have a fixed end date and would be 'ongoing' until a new decision as ESA is, so there would be no need for early reassessments.

    How soon is too soon is a tricky question.

    If you have a good reassessment and are happy with the decision then a couple of months?
    However if they are slow and/or you have to contest the decision then it could take all of the 12 months (and even more).

    PS. Short term PIP awards don't always have automatic reassessments, they write to you 14 weeks before it's due to end and 'invite' you to reapply.
    See paragraph 21 onwards of this:
    https://www.disabilityrightsuk.org/s...%20%282%29.pdf

    That document also explains the 4 different types of PIP award lengths, which have variability with each of the four.
    These are:
    • Ongoing Award. (Review at 10 years).
    • Longer Fixed Term Award. (2 yrs to 10 yrs, review 12 months before end).
    • Shorter Fixed Term Award - With review. (Under 2 yrs, review 12 months before end).
    • Shorter Fixed Term Award- No review. (Under 2 years, no review, 14 week invitation to reapply).

    It's always good to know as much about your particular benefits as you can.
    Last edited by nukecad; 05-12-2019 at 12:42 PM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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