From April 2013, the Department of Works and Pensions (DWP) introduced a new benefit called the Personal Independence Payment (PIP). PIP is a new benefit for working age adults with disabilities who need help with daily living activities and/or with getting around. PIP will only replace Disability Living Allowance (DLA) for working age people. Children will continue to be able to claim DLA until they reach 16 and people aged 65 and over will continue to be able to claim Attendance Allowance.
Until now PIP would only affect people making a new claim due to their disability. However, the DWP are now inviting existing DLA claimants to make a claim to PIP when their DLA award is due to end. Eventually, all DLA (working age) claimants will be invited to claim PIP.
If you do not claim PIP then your DLA will automatically stop. If you claim PIP and the DWP decide you are not entitled then your DLA will stop. You cannot choose to stay on DLA.
The qualifying conditions for PIP are very different to DLA and it is important to understand how PIP will be assessed before any application form is completed. There are no guarantees that PIP will be awarded simply because of a previous entitlement to DLA.
The Disability Conditions
The PIP assessment aims to test ability to participate in everyday life. It is points-related and based on your capacity to perform 12 activities related to your daily living needs and mobility. The number of points scored will determine whether or not a person is entitled to either component of PIP and if they are, at which rate.
Ten daily living activities
- Preparing food
- Taking nutrition
- Managing therapy or monitoring a health condition
- Washing and bathing
- Managing toilet needs or incontinence
- Dressing and undressing
- Communicating verbally
- Reading and understanding signs, symbols and words
- Engaging with other people face to face
- Making budgeting decisions
Two mobility activities
- Planning and following journeys
- Moving around
Scoring Points
Within each activity is a series of descriptors with scores ranging from 0 to 12. The descriptors explain related tasks of varying degrees of difficulty. Applicants score points when they are not able to complete a task ‘reliably’. ‘Reliably’ means ability to perform the descriptor safely, to an acceptable standard, repeatedly and within a reasonable timescale.
The highest descriptor score from each activity is added together to work out the points for each component. A score of 8 points will award the standard rate of that component and a score of 12 points will award the enhanced rate of that component.
It is therefore important for each applicant to identify what descriptors (and therefore points) are appropriate within the claim form. We urge any claimant to seek legal advice before a claim to PIP is submitted to the DWP. If the application form is completed incorrectly it will cause problems later.
PIP Decisions
The DWP will make a determination on a PIP claim and the decision letter will explain what points, if any, a claimant has been awarded. If they are unhappy with any part of the decision then there is a right to apply for a ‘mandatory reconsideration’. This is an opportunity to provide additional evidence and then a different Decision Maker at the DWP will look again at the claim and will issue a new decision.
If a claimant is still unhappy with the new decision then there is a right to appeal to HM Courts & Tribunal Service and the appeal will be heard by an independent tribunal.
The PIP process is very new and is undoubtedly daunting. Jackson Lees has experienced advisers who can assist throughout the procedure and provide representation at tribunals. For further information please contact our Welfare Department by clicking here for a call back or message us your enquiry.