DLA to PIP at retirement age

Hi angelab

I will try and answer your questions

Q1) At present transition from DLA to PIP has been suspended for the time being.

Q2) Providing you qualify for PIP then yes, even after you reach state pension age you will continue to receive PIP/DLA,

Q3) AA is the same as claiming DLA, with no mobility component.

Q4) DLA is not the same as claiming PIP, the criteria is different. We have heard from many claimants who have lost their claim when they applied for PIP.

One of the first things is to understand the difference between DLA and PIP.

DLA looks at generic care needs in regard to bodily functions, PIP looks at the claimants specific ability to carry out an activity such as eating. DLA was awarded because the claimant needed an amount of care (in time) during the day, the night or both, to help them with that bodily function.

PIP looks at the claimant's ability to complete specific tasks within the activity and is points-based, these are clearly defined and it is easy not to score points because the claimant has not shown that they meet those specific criteria.

DLA treated the use of aids as a reason to reduce the amount of care needed, PIP treats aids as an indication of disability and in general they score extra points.

DLA's care need was reasonably generic, PIP treats prompting, assistance and supervision as different activities and as a result, they can score different points.

DLA required that the care was required for the majority of the time, for PIP it is the majority of days.

For PIP activities must be completed reliably, this means

• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.

Although DLA considers these terms, they are poorly defined as they are implemented through Case Law rather than being defined in the legislation as they are for PIP.

Q5) Yes your ESA will stop when you reach SRA, depending on your circumstances, you may be able to claim GPC; www.gov.uk/pension-credit. Don't forget to apply for your state pension, you can apply 3 months before your retirement age.

Gary