Chapter P5: Transitional ProvisionsContents
|P5005:||Change of circumstances|
|P5006:||DLA entitled person|
|P5012:||Voluntary transfer claimant|
|P5015:||Claims to PIP|
|P5016:||Invitations to DLA claimants to claim PIP|
|P5024:||Claimants under 16|
|P5025:||Claimants making claims for DLA not entitled to claim PIP|
|P5034:||Form of notification inviting a person to claim PIP|
|P5035:||Making a claim following notification|
|P5046:||Suspension of DLA where no claim is made|
|P5048:||Further opportunity to claim|
|P5051:||Termination of entitlement to DLA following failure to claim PIP|
|P5053:||Defective claims by voluntary transfer claimants|
|P5054:||Failure to provide information|
|P5055:||Negative determination is revised or successfully appealed|
|P5057:||Claimant expresses intention not to claim PIP|
|P5059:||Withdrawal of claims|
|P5060:||Death before or after making a claim for PIP|
|P5062:||Determination of claim for PIP made|
|P5065:||For under 16s|
|P5067:||For working age claimants|
|P5070:||Notifications of change of circumstances|
|P5081:||Extinguishment of right to claim DLA|
Linking periods for QP
|P5084:||Claimants under age 65 on 8.4.13|
|P5085:||Claimants over age 65 on the day of claim|
|P5093:||People in care homes or hospital at time of transfer to PIP|
|P5106:||claimants become entitled to PIP|
Persons age 65 or over to be entitled to PIP in certain
Persons unable to act
|P5116:||Persons becoming entitled to DLA while claiming PIP|
|P5126:||Disabled people: badges for motor vehicles|
Vol 10 Amendment 34 June 2012
Chapter P5: Transitional provisions
P5001 IntroductionThis chapter introduces the provisions for the transition of those claimants who are
currently entitled or have been entitled to DLA prior to the introduction of PIP.
P5002The introduction of PIP for new claimants will be staged in two parts. The first
claimants who will be able to claim from 8.4.131 will
1. live in the postcode districts in the Appendix to this chapter and
2. meet the requirements in ADM Chapter P1.
1 WR Act 12 Commencement Order No. 8, Art 8
P5003The introduction of PIP for all other new claimants will begin from 28.10.13 and will
also need to meet the requirements in Chapter P1.
P5004 Assessment determinationAssessment determination means the determination
1 PIP (TP) Regs, reg 2(1)
P5005 Change of circumstances « P5070Change of circumstances means a change of circumstances which a person might
reasonably have been expected to know might affect the continuance of that
person's entitlement to DLA, (by ending entitlement to one or both components or
resulting in entitlement to one or both components at a different rate)1.
1 PIP (TP) Regs, reg 2(1).
P5006 DLA entitled personA DLA entitled person (1) means a person aged 16 or over who is entitled to either or
both components of DLA.
1 PIP (TP) Regs, reg 2(1)
P5007 Electronic communicationHas the meaning given by the legislation relating to electronic communications (1).
1 PIP (TP) Regs, reg 2(1); UC,PIP,JSA,ESA(C&P) Regs, Sch 2
P5008 Notified personA notified person (1) means a DLA entitled person who has been sent a notification by
the Secretary of State to invite them to claim PIP.
1 PIP (TP) Regs, reg 2(1)
P5009 Relevant dateThe relevant date is the date
1. which is specified by the Secretary of State in relation to a DLA entitled person
2. from which the Secretary of State is satisfied that satisfactory arrangements
will be in place to assess entitlement of a DLA entitled person to PIP (1).
1 PIP (TP) Regs, reg 2(1)
P5010As soon as practicable after specifying a relevant date, the Secretary of State must
publish sufficient information to enable a DLA entitled person to ascertain the
relevant date, if any, which applies to them. The information will be published in such
manner as the Secretary of State considers appropriate (1).
1 PIP (TP) Regs, reg 2(4)
P5011 Transfer claimantTransfer claimant means a
1. notified person who has claimed PIP in response to a notification sent by the
Secretary of State (1) or
2. voluntary transfer claimant.
1 PIP (TP) Regs, reg 2(1)
P5012 Voluntary transfer claimantVoluntary transfer claimant means a DLA entitled person who has not received a
notification but who claims PIP.
1 PIP (TP) Regs, reg 2(1)
P5015 Claims to PIPClaims to PIP may be made in writing or by telephone (1). The date of claim is the day
1. a form is delivered to or received at the appropriate office or
2. a telephone call takes place (2), which provides sufficient information to make a
At a much later date electronic claims will also be available when the date of
claim will be the date the communication is received at the appropriate office.
1 UC, PIP, JSA & ESA (C & P) Regs, reg (11); 2 PIP (TP) Regs, reg 2(2)
P5016 Invitations to DLA claimants to claim PIP « P5070Any time after 27.10.13 the Secretary of State may invite by written notification a
DLA entitled person to make a claim for PIP (1).
1 PIP (TP) Regs, reg 3(1)
P5017The Secretary of State shall not send a notification to any person who was aged 65
or over on 8.4.131.
1 PIP (TP) Regs, reg 3(2)
who reaches the age of 16 after 27.10.13, or as soon as reasonably practicable after
the person reaches that age (1).
1 PIP (TP) Reg, reg 3(3)
P5019However, P5018 will only apply where
1. the Secretary of State has specified a relevant date which applies to the DLA
entitled person and
2. the DLA entitled person reaches age 16 on or after the relevant date (1).
1 PIP (TP) Regs, reg 3(3A)
[P5020]P5018does not apply where, on the day they reach the age of 16, the person is
entitled to DLA on the basis of being terminally ill (1) within the meaning of ADM
1 PIP (TP) Regs, reg 3(4)
P5021 « P5022When a DLA entitled claimant, who after 27.10.13, has neither
1. been sent an invitation to claim PIP (1) nor
2. made a claim for PIP (2)
sends in a change of circumstances notification (3), the Secretary of State will send the
claimant an invitation to claim PIP as soon as reasonably practicable (see P5035).
Note: This does not include those persons who inform the DM that they are to be
absent or have become absent from GB, whether on a temporary or permanent
1 PIP (TP) Reg, reg 3(1); 2 reg 4; 3 reg 3(5); 4 reg 3(6)
P5022However, P5021 will only apply where
1. the Secretary of State has specified a relevant date which applies to that DLA
entitled person and
2. the DLA entitled person reports the change of circumstances on or after the
relevant date (1).
If the DLA entitled person has not been given a relevant date, then the change
of circumstances should be taken into account for any DLA supersession action
1 PIP (TP) Regs, reg 3(5A)
P5023 Claims for PIP made by DLA claimants who have not received an invitationA DLA entitled claimant who has not been sent an invitation may only make a claim
for PIP where
1. they were under age 65 on 8.4.13 and
2. the Secretary of State has specified a relevant date which applies to them and
3. they make a claim on or after that relevant date (1).
1 PIP (TP) Reg, reg 4
P5024 Claimants under 16No claim may be made by a claimant who has not reached age 16, regardless of
whether they are or are not entitled to DLA (1).
1 PIP (TP) Regs, reg 5
P5025 Claimants making claims for DLA not entitled to claim PIP « P5026A claimant who is not entitled to DLA may make a claim for PIP at any time except if
they are a claimant
1. who claimed DLA before 28.10.13 and
whose claim remains under consideration on that date until such time as the claim for DLA is either determined or withdrawn (1).
1 PIP (TP) Regs, reg 6 (1) & (2).
P5026A claim for DLA under P5025 remains under consideration only if it has not
1. been decided by the DM (1) or :
2.been withdrawn in accordance with regulations (2) or
3. been otherwise ceased to be under consideration before being decided by the
1 SS Act 98, s.8; 2 UC,PIP,JSA,ESA (C&P) Regs, reg (5); 3 PIP (TP) Regs, reg 6 (3)
P5034 Form of notification inviting a person to claim PIPA notification to a DLA entitled person inviting them to claim PIP must
1. be in writing and
2. explain that the person's entitlement to DLA will end if the person does not
claim PIP and
3. state the date of the last day of the period within which a claim for PIP can be
made, that period being 28 days starting with the day that is the date of
tell the person how to claim PIP and
may contain any such other guidance or information the DM considers appropriate (1).
1 PIP (TP) Regs, reg 7
P5035 Making a claim following notification « P5021The claim period is the 28 day period starting with the date of the notification (1), in
which a claimant has to return their intention to claim PIP after the initial invitation.
This date must be stated in the notification letter.
1 PIP (TP)) Regs, reg 8(1)
P5036The DM will accept that a claim is made, whether or not it is defective (1), in the case of
a claim being
1. made by telephone, when the telephone call takes place (2) or
2. made in writing by electronic means, when it is sent to the appropriate office
3. made in writing, other than by electronic means, on a form authorised by the
DM, when it is delivered to or received at the appropriate office.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 11; 2 PIP (TP) Regs, reg 8(3)
P5037Where the claim is defective the DM must extend the claim period by a period of 28
days, or such longer period as the DM considers reasonable, starting with the day
following the last day of the claim period.
1 PIP (TP) Regs, reg 8(4)(a)
P5038Where a claim is made by a notified person the DM may extend the claim period, if
appropriate, including in cases where the claim is defective
1. either before the period would otherwise have expired or
2. after it has expired (1)
by such further period as the DM considers reasonable.
1 PIP (TP)) Regs, reg 8(5)
P5039The DM may further extend a claim period either
1. before the extended period would have expired or
2. after it has expired (1).
1 PIP (TP) Regs, reg 8(6)
P5040Where the claim period has been extended the DM must treat the claim as properly
made if a claim is made
1. before the end of the period by which the claim period was extended and
2. in accordance with any instructions of the DM as to the way in which the claim
is to be completed (1).
1 PIP (TP) Regs, reg 8(7)
P5046 Suspension of DLA where no claim is made « P5048When a notified person fails to make a claim for PIP before the end of the claim
period, or the extended claim period, the DLA will be suspended (1).
1 PIP (TP) Regs, reg 9(1)
P5047The suspension will take effect either
1. on the first pay day after the last day of the claim period or
2. on the last day of the extended or further period (1).
This is not a defective claim.
1 PIP (TP) Regs, reg 9(2)
P5046, the claimant will be
given a further opportunity to claim again, and the DM will issue a notice in writing
informing the claimant
1. that their entitlement to DLA will be or has been suspended and
2. on what day that suspension takes or took effect and
3. that their DLA will be terminated unless they make a claim for PIP before the
end of the period of 28 days beginning with the date of suspension (1).
1 PIP (TP) Regs, reg 10(1)
P5049The notification in P5048 will be issued on or as soon as is practicable after the day
of the suspension took effect (1).
1 PIP (TP) Regs, reg 10(2)
P5050When a claimant makes a claim for PIP before the end of the period specified in P50483. the entitlement to DLA will be reinstated as if the suspension had not taken
1 PIP (TP) Regs, reg 10(3)
before the end of the period specified, the entitlement to DLA will terminate with
effect from the day on which the suspension of the entitlement took effect (1).
1 PIP (TP) Regs, reg 11(1)
P5052The DM must send any claimant in relation to P5051 a notice in writing
1. informing the claimant that their entitlement to DLA has terminated and
2. informing of the date on which the termination took effect and
3. explaining that it is no longer possible for the claimant's entitlement to DLA to
be reinstated and
explaining that the claimant is able to make a new claim for PIP at any time (1).
1 PIP (TP) Regs, reg 11(2)
P5053 Defective claims by voluntary transfer claimantsWhen a voluntary transfer claimant makes a claim to PIP and
1. the claim was defective under specified legislation (1) or
2. no claim is made or completed in accordance with P5048
then the DLA will be terminated in line with P5051.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 11;2 PIP (TP) Regs, reg 12(1) & (2)
P5054 Failure to provide information « P4059When a transfer claimant makes a claim to PIP and the DM
1. makes a negative determination (1) to both components (due to failing to attend
a consultation or provide information) or
2. determines that the claimant has unreasonably failed to comply under
specified legislation (2) or
3. determines that the claimant has failed to comply with a requirement imposed
by the DM (3) (e.g. failed to supply information about their claim, medical
information or information about their specific needs) made in writing by
electronic means, when it is sent to the appropriate office
then the DLA is terminated 14 days following the first pay day after the date the
decision is made (4).
1 PIP Regs, reg 8 & 9; 2 UC, PIP, JSA & ESA (C&P) Regs, reg 35; reg 37; 4 PIP (TP) Regs, reg 13(1)
P5055 Negative determination is revised or successfully appealed « P5056Where for any reason an assessment determination is made on a claim by a
transfer claimant because
1. the negative determination is revised or
2. there has been a successful appeal
and if the result of that determination is that PIP is awarded (1) then P5063 applies. PIP
will be backdated to the day after DLA ceased (2).
1 PIP (TP) Regs, reg 13(2); 2 reg 17(2)(b)
P5056Where P5055 applies and the claimant is successful, they shall be treated as if they
had been entitled to PIP from the day after the DLA terminated (1).
1 PIP (TP) Regs, reg 13(2) & (3)
P5057 Claimant expresses intention not to claim PIPA DLA claimant who has not made a claim for PIP may inform the DM either
1. by telephone or
2. electronically (when available) or
3. in writing
that they do not intend to claim PIP (1).
1 PIP (TP) Regs, reg 14(1)
P5058If the DM is satisfied
1. the claimant has a genuine intention not to claim PIP and has notified the DM
either in writing or by telephone (1) or
2. that a person acting on behalf of the DM has told the claimant claiming PIP,
as soon as is reasonably possible, that the claimant's entitlement to DLA will
the claimant's entitlement to DLA will terminate on the last date of the period of 14
days starting with the first pay day (3), following the day on which the DM was informed
that the claimant did not intend to claim.
1 PIP (TP) Regs, reg 14(1); 2 reg 14(3); 3 reg 14(2)
P5059 Withdrawal of claimsWhen a claim for PIP is withdrawn by a transfer claimant before the claim is
decided, the claimant's entitlement to DLA will terminate on the last day of the period
of 14 days starting with the first pay day after the date the DM decides the claimant
has withdrawn (1) the claim.
1 PIP (TP) Regs, reg 15
P5060 Death before or after making a claim for PIPWhen a notified claimant dies before making a claim for PIP, the rules for DLA will
apply, as if the invitation to claim PIP has never been made (1).
DN: If the DLA has already been terminated then this will still be a DLA claim, and
the award will not be reinstated.
1 PIP (TP) Regs, reg 16(1)
P5061When a transfer claimant dies (1)
1. before any assessment determination is made or
2. where an assessment determination is made before the day on which the
claimant becomes entitled to PIP
the claim will be treated as if it had never been made and if that claimant is a notified
person, as if no notification has been issued.
1 PIP (TP) Regs, reg 16(2)
P5062 Determination of claim for PIP madeWhen an assessment determination is made by the DM on a claim by a transfer claimant
1. the DM will, as soon as is practicable, send the claimant written notification of
the outcome decision and
2. DLA will be terminated, on the last day of the period of 28 days starting with the
first pay day after the making of the determination (1).
1 PIP (TP) Regs, reg 17(1)
P5063 « P5055When the outcome decision is an award of either or both PIP components, the
claimant's entitlement to PIP will begin
1. from the day immediately following the day the claimant's entitlement to DLA
terminates (1) or
2. immediately following the last day of the period of 28 days as calculated in
P5045starting with the first pay day after making the determination.
1 PIP (TP) Regs, reg 17(2)
P5064 « P5086The notifications issued must contain the information (1) if
1. PIP is awarded, the day on which
1.1 the claimant's entitlement to DLA will terminate and
1.2 the claimant's entitlement to PIP will start
2. DLA is not awarded and a claim for PIP was made after the refusal (2)
2.1 where PIP is awarded, DLA will terminate on the day before the day the
claimant becomes entitled to PIP or
2.2 where PIP is not awarded, DLA will terminate on the first pay day
following the period of 28 days after the PIP assessment decision is
1 PIP (TP) Regs, reg 17(3); 2 reg 17(4); 3 reg 17(5)
Extension of fixed term period awards of DLA
P5065 For under 16s « P5106Where there is an award of DLA for a DLA entitled person :
1.and the award is of
1.1 both components and in respect of either or both components is for a
1.2 one component only and for a FTP and
2. the person reaches age 16 after 27.10.13 and
3. the FTP expires in the period starting with the day before the person reaches
16, and ending with the date before the person reaches age 16 years and 6 months
the DM will extend the FTP (1).
1 PIP (TP) Regs, reg 18(1)
P5066Any such extended FTP will expire, and entitlement to DLA will terminate, on the day
before the claimant reaches 171, unless
1. entitlement to DLA ceases before that date or
2. a negative determination is made, then an earlier date will apply or
3. there is a failure to supply information and a negative determination is made.
1 PIP (TP) Regs, reg 18(2)
P5067 For working age claimantsWhen
1. an award of DLA to a claimant is for a FTP in regards to one or both
2. they are over the age of 16 and
3. the DM considers the FTP may expire before an assessment determination
can be made
the DM can extend the period by such further period as the DM considers
1 PIP (TP) Regs, reg 19(1)
P5068The DM can extend (1) a FTP
regardless of whether the person has yet made a claim for PIP and
where the FTP has already been extended and
on more than one occasion.
1 PIP (TP) Regs, reg 19(2)
P5069An extended FTP will expire
1. on the last day of the period by which the DM extended or last extended it (1) or
2. where the person's entitlement to DLA terminates on an earlier day, on that
1 PIP (TP) Regs, reg 19(3)
P5070 Notifications of change of circumstancesWhere the DM receives a
1. change of circumstances notification (1) (see P5005)
1.1 from a notified person, before they make a claim for PIP or
1.2 from a transfer claimant or
1.3 from a person who is not a notified person and has not made a claim
2. notification as in P5016 this
2.1 is not treated as a supersession to DLA and
2.2 is treated as a change of circumstances which a person can be
expected to reasonably know is a change to any claim for PIP, and
taken into account for the purposes of the PIP assessment
the change of circumstances will be taken into account when deciding the claim to
Note 1: This will not apply where the change of circumstance is that the notified
person or the transfer claimant is going abroad, temporarily or permanently.
Note 2: Any DLA claimant under the age of 16 will have their change of
circumstances request treated as a supersession for DLA.
1 PIP (TP) Regs, reg 20
P5081 Extinguishment of right to claim DLAWhere a person is entitled to claim PIP (whether or not they have actually claimed
PIP) they are not able to claim DLA.
1 PIP (TP) Reg, reg (21)(1)
P5082The exception to this is
1. if a claimant has an award of DLA under which one or both components have
a FTA and
2. if they are notified by the DM that they need to claim DLA again to stop the
award of DLA coming to an end
then they are able to claim DLA again. This will only apply where the Secretary of
State has sent that DLA person the notice to renew.
Note: A DLA entitled person who has not been given a relevant date and whose
award for DLA is coming to an end will be able to make a renewal claim for DLA
within 6 months of the expiry of the award.
1 PIP (TP) Regs, reg 22(2)
P5083Linking Periods for QP
P5084 Claimants under age 65 on 8.4.13Any person claiming PIP who
1. was aged under 651 on 8.4.13 and
2. was not entitled to DLA on the day the claim was made but
was entitled on a day falling 24 months before that date or
was entitled on any day in the 24 months prior to the date of claim
then the QP is treated as being satisfied at the date of claim.
1 PIP (TP) Regs, reg 23(2)
P5085 Claimants over age 65 on the day of claimA person claiming PIP who
1. was aged 65 or over (1) on the day the claim was made, but under age 65 on
2. was not entitled to DLA on the date of claim but
was entitled on the day falling 12 months prior to that day or
was entitled at any time during those 12 months
then the QP is treated as being satisfied at the date of claim.
1 PIP (TP) Regs, reg 23(3)
P5086Any person who is entitled under P5064, then the prescribed date, in the context of a
claimant being migrated, is the date of claim (1).
1 PIP (TP) Regs, reg 24
P5093 People in care homes or hospital at time of transfer to PIPOnce the 28 day period of payment of PIP is reached and the claimant is in
1. a hospital or
2. a similar institution to a hospital
payment of any component of PIP will cease, although entitlement will continue.
P5094If the claimant is in a care home, which is not a similar institution, then payment of
1. the daily living component of PIP will cease after 28 days but
2. the mobility component (1) of PIP will continue but entitlement to PIP will remain the same.
1 PIP (TP) Regs, reg 26(3)(b)
P5095Where on the day the entitlement to DLA ceases and the claimant has been in
1. a hospital or
2. a similar institution
for less than 28 days (1), PIP will be payable for a further period of 28 days from the
first day of entitlement to PIP.
1 PIP (TP )Regs, reg 25(3)(a)
Example 1Rose was in hospital from 24.10.13 and was entitled to DLA. An assessment
determination had been made and the DLA was to terminate on 30.10.13. On
31.10.13 Rose is entitled to PIP, and this was put into payment. This means that
Rose is entitled to a further 28 days payment. On 28.11.13 Rose had spent 28 days
in hospital, so her payment of both components of PIP ceased from 29.11.13,
although she still had entitlement.
Example 2Trevor was in receipt of DLA and assessed for PIP. His DLA terminated on 21.1.14,
and PIP was put into payment from 22.1.14. Trevor was assessed as being entitled
to the standard rate of the daily living component and the enhanced rate of the
mobility component. Trevor entered a care home, which was not a similar institution,
on 10.1.14. From 22.1.14 Trevor is entitled to a further 28 days payment of PIP
whilst in the care home, on transitional arrangements. On 18.2.14 Trevor had
received 28 days payment of PIP so from 18.2.14 his daily living component ceased
to be paid. His mobility component continued to be paid as he is in a care home.
Example 3Amy was entitled to DLA and was re-assessed for PIP on 17.2.14. Her DLA was due
to terminate on 16.3.14, and PIP entitlement commences. However, on 10.2.14 she
had already been in hospital for 28 days, so PIP was not payable.
P5106 Temporary absence from GB when transfer claimants become entitled to PIPWhere a transfer claimant is awarded PIP and, at the date their DLA terminated,
they are temporarily absent from GB but treated as present under the DLA
regulations (1) either
1. for up to 13 weeks or
2. for up to 26 weeks because the absence is solely for medical treatment
then the period running from the date the temporary absence started down to the
date DLA terminated counts towards the 13 weeks of temporary absence, or (where
the absence is solely for medical treatment) the 26 weeks allowable in PIP (see
Chapter C2 International Issues - PIP for details of the temporary absence rules).
1 PIP (TP) Regs, reg 26
ExampleBill was receiving DLA. On 14.1.14 he was invited to claim PIP. He claimed
accordingly, an assessment determination was made on 27.1.14. On 7.2.14 Bill
reported that he would be visiting relatives in Germany from 5.2.14. DLA was
terminated on 25.2.14 and entitlement to PIP started on 26.2.14. On 4.3.14, a DM
considered the PIP rules on temporary absence from GB and, in accordance with
P5065, decided that Bill had completed 4 weeks of the 13 weeks allowable. Bill
informed the DM that he had now returned to GB, so the benefit remained in
P5107 Persons age 65 or over to be entitled to PIP in certain circumstancesClaimants may have entitlement to PIP (1) if they
1. have not reached age 65 on 8.4.13 and
2. are entitled to DLA and
3. make a claim to PIP
in response to a notification from the DM or
If the claimant satisfies the conditions for entitlement to PIP, then they will receive
PIP, even if the date of determination is after their 65th birthday.
1 PIP (TP) Regs, reg 27 (1) &(2)
P5108A claimant who
1. has not reached age 65 on 8.4.13 and
2. makes a claim to PIP and
3. has now reached age 65 or over and
4. is not entitled to DLA (1) on the day of the claim
but was entitled to DLA at any time in the 12 months immediately before the date of
claim, may be entitled to PIP, if they satisfy the qualifying conditions.
1 PIP (TP) Regs, reg 27(2) & (3)
Persons unable to act
P5109 ClaimsWhere a person has been appointed by the Secretary of State to act on behalf of a
DLA claimant, they will be regarded as acting on their behalf for the purposes of
making a claim to PIP (1).
1 PIP (TP) Regs, reg 28
P5110 Transfer claimantWhere a person who was entitled to DLA and is either a person who
1. has claimed PIP after invitation or
2. claims PIP voluntarily
and is subsequently awarded PIP, a person who was previously appointed to act for
the claimant for DLA, that person is treated as being appointed for the purposes of
1 PIP (TP) Regs, reg 29
P5116 Persons becoming entitled to DLA while claiming PIPFor claimants
1. whose DLA claim was refused and
2. who claimed PIP after the DLA claim was refused and
3. who on appeal becomes entitled to DLA
they will be treated as either a transfer claimant or a DLA entitled person (1).
1 PIP (TP) Regs, reg 30(3)
P5117If a DLA claim is disallowed and the claimant claims PIP, but then is successful on
appeal, the FtT will be asked to limit the DLA award up until the day before PIP
becomes payable from.
P5118If the DLA claimant's appeal is successful (1) and
1. they have already made a claim for PIP and
2. the PIP claim has not yet been determined
then the DLA will be put into payment. Once the PIP claim is determined the DLA will
run on for 28 days before terminating, and the PIP decision implemented (which
could be an award or a disallowance) from the day following the date of termination (2).
1 PIP (TP) Regs, reg 13(2); 2 reg 17(2)(b)
Example 1Carol makes a claim for DLA and this is refused, so Carol appeals. Meanwhile she
makes a claim for PIP. Carol receives a decision on her PIP before her DLA appeal
is heard, and she is award PIP, which is put into payment. The DMA advises the
Tribunal Service that any award of DLA made at the appeal must be limited to the
day before PIP is awarded.
Example 2Charles makes a claim for DLA, but this is refused. He subsequently appeals this
decision, but also makes a claim for PIP. Before the DLA appeal is heard the PIP
claim is determined and decided that Charles has no entitlement to PIP, However,
DLA is awarded at appeal. Charles is then treated as transfer claimant and
notification is sent to him about when his DLA will cease. The termination of DLA will
be terminated after a period of 28 days from the date of the PIP determination.
Example 3Wendy makes a claim for DLA which is refused. She appeals the DLA decision but
makes a claim for PIP at the same time. Before the PIP claim is determined the
appeal is heard and DLA awarded. At this point Wendy is treated as a transfer
claimant and DLA entitled person. The PIP claim is then determined and she is
awarded benefit. Wendy is then notified that her DLA will terminate in accordance
with transfer claimant provisions, that is after 28 days or any longer period the DM
decides. PIP is then put into payment on the first pay day after DLA terminates.
Example 4Tony makes a claim for DLA which is refused. He appeals this decision but also
makes a claim for PIP. Before the PIP claim is determined the DLA appeal is heard,
and DLA is not awarded. The PIP claim is then determined and an award of the
standard rate of the Daily Living component is made and put into payment on the
first pay day following the determination.
P5119If the claimant had someone appointed to deal with their affairs before the DLA
terminated, they will continue to act for that claimant once the DLA is reinstated, or
PIP becomes payable.
P5126 Disabled people: badges for motor vehiclesWhere a person satisfies certain legislation to be entitled to a badge for motor
vehicles, but then that person ceases to be regarded as being disabled because
they do not receive an award of PIP, then the person shall be entitled to use that
badge until the end of the period for which it was issued (1).
1 Disabled Persons (Badges for Motor Vehicles)(England) Regs,2000 Regs, reg 7 & 9(1)(c; PIP (TP) Regs, reg 31
Postcodes for PIP
CH except CH (1), CH (4), CH (5), CH (6), CH (7) and CH (8)
DL except DL (6), DL (7), DL (8), DL (9), DL (10) and DL (11)
LA except LA (2) 7, LA (2) 8, LA (6) 2 and LA (6) 3
TS except TS (9)