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Thread: Reaching State Pension Age - How Much Do I Lose?

  1. #11
    Senior Member beau's Avatar
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    If you continue to get PIP you can't get AA. It is one or the other. AA does not have a mobility component it is only the care.

  2. #12
    Senior Member nukecad's Avatar
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    Quote Originally Posted by Sky View Post
    I will have to then claim Attendance Allowance to replace the Severe Disability Payment,
    As Beau says that bit is wrong.

    AA is what someone over SPA has to claim instead of PIP, if you have PIP before SPA then it continues afterwards and you don't/can't claim AA.
    The big difference is that AA does not include any mobility component, it's only for daily living.

    AA does not 'replace SDP' they are totally different things.

    If you are getting Housing Benefit then SDP can now be included with HB instead of with ESA.

    (With concentrating on the pension side I'd missed that you were getting SDP, that means that you can't claim UC anyway so your housing costs will be HB).
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  3. #13
    Senior Member Sky's Avatar
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    Thank you both for your comments.

    She seemed certain that the missing 'care' element i.e. SDP would be made up in AA. I argued with her saying that one could only claim AA or PIP, but she was adamant she was right.

    I'm still none the wiser and it seems unless someone comes forward that has actually been through this process, it looks like I am to remain in the dark.

    On another note, it seems there are going to be further complications with the Council Care Package too. Like the SPA saga, I'm getting conflicting information and it looks like I may actually be losing money rather than gaining any extra help.

  4. #14
    Senior Member nukecad's Avatar
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    Quote Originally Posted by Sky View Post
    Thank you both for your comments.

    She seemed certain that the missing 'care' element i.e. SDP would be made up in AA. I argued with her saying that one could only claim AA or PIP, but she was adamant she was right.

    I'm still none the wiser and it seems unless someone comes forward that has actually been through this process, it looks like I am to remain in the dark.
    No need to stay in the dark, she is simply wrong. (Blame poor/partial training again).

    Take a look here at the gov website for Attendance Allowance and you'll see that the AA rates are exactly the same as PIP Daily Living.
    https://www.gov.uk/attendance-allowance/what-youll-get
    That's because AA is the equivalant to PIP (with no mobility component) but is for those who make their first claim for disability after reaching SPA, as you already have PIP then you stay on PIP and don't/can't claim AA.

    She would be correct if you didn't already have PIP, then claiming AA would entitle you to SDP in HB.
    But you already have existing PIP and so you are entitled to SDP in HB anyway.

    EDIT - Sorry can't help with the care package shenanigans but you may want to talk to a welfare/benefits advisor rather than the councils own (biased?) team.
    Put your postcode in here to find local advisors: https://advicelocal.uk/find-an-adviser
    Last edited by nukecad; 26-11-20 at 19:06.
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  5. #15
    Senior Member Sky's Avatar
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    Thanks Nukecad, I'll take a look at that link later today.

  6. #16
    Senior Member beau's Avatar
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    Sorry for interrupting this thread.
    A hypothetical question for Nukecad.

    If you receive DLA/PIP mobility component only that continues after SPA what happens if you have increased care needs?
    Do you apply for AA for the care or do you ask for the DLA/PIP to be looked at again under change of circumstances?

  7. #17
    Senior Member nukecad's Avatar
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    DLA/PIP for Daily Living can be increased (or reduced) after SPA, you stay on it and don't have to claim AA.

    Mobility can be decreased but not increased after SPA, and can't be added after SPA.
    Although there has been some recent interesting (legal) thinking about that, and the DWPs stance may be wrong. (What a surprise).

    The general government/DWP stance on that is that we all get less mobile after SPA and so it's an age issue not a disability, which is why there is no Mobility in AA.
    Obviously that's a generalisation and so may not be quite legal, it may amount to disability discrimination on age grounds, but it's never been challenged.

    In the scenario you mention where you only have DLA/PIP Mobility and not Care/DL then I don't see any problem with getting the Care/DL added to the existing Mobility after SPA.
    Of course that is going to mean reassessment time, and if you are still on DLA then possibly/probably a change to PIP.

    PS. There is provision in the DLA to PIP transfer process to make a new award of PIP Mobility after SPA, as long as it's done during the transfer.
    (That had to be put in because the transfers were taking so long that people were reaching SPA before they could be transferred).
    Last edited by nukecad; 27-11-20 at 18:08.
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  8. #18
    Senior Member beau's Avatar
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    Thanks Nukecad, just curiosity on my part.

    In a word, under the circumstances of just having DLA/PIP mobility, the care component has to be added to DLA/PIP and it is not allowed to claim AA for the care. One would have to take the risk of reassessment and possibly losing what they already have.

    I know you can't have both PIP/DLA and AA. That seems unfair in the circumstances I asked about. Mind you, that would only confuse DWP all the more as they can't get things right at the best of times.

  9. #19
    Senior Member nukecad's Avatar
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    Look at it the other way though,

    Claiming AA would mean closing the DLA/PIP claim, definitely losing the Mobility.

    Whereas getting DL added to DLA/PIP by a change of circumstances reassessment is only a small risk of losing Mobility.

    Unless you changed DLA, PIP, & AA legislation, which would just complicate things further, it couldn't be otherwise or you could have people claiming both DLA/PIP and AA at the same time and geting double money for DL.
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  10. #20
    Senior Member beau's Avatar
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    I can see that but would hope that somewhere in the regulations for claiming AA on top of DLA/PIP would mean that you could claim only AA for care, if you do not have the care component of DLA/PIP.
    Hence a recipient would have DLA/PIP mobility component only and AA for care.

    Anyway it will never happen. As I said it was a hypothetical question

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