AA claim alongside PIP appeal

Hi,

I think this may have come up before but I’m struggling to find clarity.

My client was receiving PIP daily living until July 2021 when a decision was made that she was not entitled following a review assessment. Prior to this she has been getting DLA/PIP since 2010 following a stroke. The awards have varied quite a bit (DLA lower rate care, higher rate mobility 2010-2012, then DLA lower rate care only 2012-2014, then DLA higher rate care and higher rate mobility 2014-2016, then PIP DL standard rate from 2016 to 2021). Client states she has always had mobility difficulties and they haven’t improved.

The client also turned pension age in May 2021 (after she submitted the PIP review application but before the assessment). Her original PIP assessment was supposed to be October 2020 but was delayed to after she turned pension age.

The client submitted a MR of the July 2021 PIP decision but the decision was upheld and she became unwell and was unable to progress the appeal.

Client has only recently requested a form for AA as she only just became aware of it but wants to appeal the previous PIP decision.

My questions are:
1) What happens if she puts in a late appeal for the July 2021 PIP decision and claims AA at the same time? AA is likely to be awarded before the PIP appeal is concluded. If the PIP decision changed, would her AA end (as AA cannot be claimed where there is a PIP claim) Or would PIP be awarded from July 2021 up until the AA claim date? This is particularly important as she may be entitled to the mobility component under PIP.

2)  Can PIP mobility even be considered due to her being pension age? Her assessment was after she turned pension age but she submitted the form before she turned pension age.

3) If PIP mobility can be considered and if she is successful in the appeal, is there any possibility of continued entitlement to the mobility component beyond the date of the AA claim? I have heard of mobility being paid alongside AA?

Any advice would be greatly appreciated.

Dealing with point 2) regarding whether or not mobility is in play. I think this depends on whether the review was initiated because your client reported a change in how her health impacts her or whether it was initiated by DWP. If the former, then I think mobility is possible because the change was reported prior to pension age. If the latter then I don’t think it is regardless of the fact the claim was completed prior to pension age.

If she claims AA now and has a decision made (whether an award if made or not), then any PIP decision, whether by MR or appeal, can only run up to the date of the AA decision.

I’m really not clear from your post when she has requested the MR of the decision to terminate the previous PIP award. You say she turned pension age in May 2021 and that this is after she submitted a review request but then you say her PIP award was terminated in July 2021 which is after this date,

And you have also said she submitted the MR in July 2021 (but that’s after she reached SPA) which was refused and she didn’t pursue any appeal.  She could try and submit a late appeal and see what happens - that’s the only way she’s going to get a chance at establishing entitlement to the mobility element but it’s difficult to address the other aspects. Broadly speaking the situation is addressed in section 8.1 of our PIP factsheet

You cannot normally establish entitlement to the mobility component for the first time after reaching State Pension age, although you continue to receive it if it was awarded before then. If awarded the standard rate of the mobility component before you reach State Pension age, you cannot move to the enhanced rate if your needs increase afterwards.

If you are over State Pension age and receive the mobility component and you start to have daily living needs or your need for assistance with daily living increases, you can ask for a supersession and qualify for the standard or enhanced rate of the daily living component in the same way
as if under State Pension age.

Paul_Treloar_AgeUK - 21 January 2022 09:26 AM

I’m really not clear from your post when she has requested the MR of the decision to terminate the previous PIP award. You say she turned pension age in May 2021 and that this is after she submitted a review request but then you say her PIP award was terminated in July 2021 which is after this date,</i>

I understand it be review initiated and completed form returned prior to reaching pension age. Decision to terminate the award made after pension age.

The question of who initiated the review seems crucial. If claimant asked for a review, any increase in entitlement should go back to when the change was reported (pre pension age). If it was a DWP review then the change is from the date of decision (post pension age) which therefore excludes the mobility component..

Paul_Treloar_AgeUK - 21 January 2022 09:26 AM

If she claims AA now and has a decision made (whether an award if made or not), then any PIP decision, whether by MR or appeal, can only run up to the date of the AA decision </i>

Thank you. Are there any regulations you are aware of which outline this?

Ianb - 21 January 2022 09:45 AM

Paul_Treloar_AgeUK - 21 January 2022 09:26 AM

I’m really not clear from your post when she has requested the MR of the decision to terminate the previous PIP award. You say she turned pension age in May 2021 and that this is after she submitted a review request but then you say her PIP award was terminated in July 2021 which is after this date,</i>

I understand it be review initiated and completed form returned prior to reaching pension age. Decision to terminate the award made after pension age.

The question of who initiated the review seems crucial. If claimant asked for a review, any increase in entitlement should go back to when the change was reported (pre pension age). If it was a DWP review then the change is from the date of decision (post pension age) which therefore excludes the mobility component..

Hi,

Thank you. Yes this is what I meant.

So I have been able to establish that DWP initiated the review. The face to face assessment was booked for October 2020, then delayed to 2021 after the client turned pension age (annoyingly!). The client stated on her review form in 2020 that she had mobility needs then turned pension age in May 2021, would this not count as her informing DWP of her mobility needs prior to turning pension age?

rburrows - 25 January 2022 04:33 PM

Paul_Treloar_AgeUK - 21 January 2022 09:26 AM

If she claims AA now and has a decision made (whether an award if made or not), then any PIP decision, whether by MR or appeal, can only run up to the date of the AA decision </i>

Thank you. Are there any regulations you are aware of which outline this?

 

Social Security Act 1998, section 17 is usually cited