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Thread: PIP and Pensioners - Clarification.

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  1. #1
    Senior Member nukecad's Avatar
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    PIP and Pensioners - Clarification.

    I've now got the DWP guidance on when a ongoing award with 10 year reviews should be given to those over State Pension Age, - it's always.

    It also clarifies if a new assessment is needed before giving that ongoing award, - no it's not but you may get one anyway.

    https://www.whatdotheyknow.com/reque...tructions.pdf?

    Paragraphs 1 and then 4, 5, & 6 are the relevant ones:
    Note that the bolding of "must" is theirs in the original document.
    1. From the 27th June 2016 when making an award review decision for Personal Independence Payment (PIP) the Case Manager (CM) will be able to decide the level and period of award based on all current evidence and evidence from the previous assessment without the need to refer the case to an AP (Assessment Provider). Where the CM is unable to make a decision, they may still refer the case to the AP.
    4. From 31st May 2019 CMs will no longer regularly review PIP awards for claimants who have reached State Pension age (SPa), unless they tell us that their needs have changed.

    5. When setting an award period, you must identify the appropriate level and duration of award as normal, then check the claimant’s age. If the claimant is aged 57 or over, you must check the date on which the claimant will reach their SPa.

    6. If the Award Review date goes beyond the claimant’s SPa date, you must set a ten year ongoing award,
    Note: there may be circumstances when the AR is not triggered.
    That's all clear, apart from paragraph 1 which does give them some wriggle room to send you for an assessment the first time after you reach SPA.
    It says: "the Case Manager (CM)will be able to decide the level and period of award based on all current evidence and evidence from the previous assessment without the need to refer the case to an AP" - It doesn't say that they have to decide without referal to an AP.

    One other thing to note is that this ongoing PIP for pensioners is not actually written into law, other than the law stating that the Secretary of State can waive the requirement for a PIP award to be fixed term if it would be 'innapropriate' for it to be fixed.
    So it's a policy decision that it's 'innapropriate' to give those over SPA a fixed term.


    PS. There were multiple threads I could have added this to, so decided to give it it's own thread.
    Last edited by nukecad; 09-04-21 at 03:58.
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  2. #2
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    Stupid question Nuke, what do the DWP class as SPA?. Are they going on the old SPA or the new SPA?

    65 or 67

    I'm guessing it's 67

  3. #3
    Senior Member nukecad's Avatar
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    It's the higher of the two, and both are covered in seperate sections lower down in that guidance.

    At the bottom of para. 223 it states:
    Note: Where the term “State Pension age” is used in this guidance it refers to the age of when a person can claim their State Pension or age 65 whichever is the higher.
    For anyone born on or before 5 April 1960 who hasn't already reached it that will now be age 66, for those born after that date it will be age 67.
    (Bit of a bugger for anyone born on 6th April 1960).

    Paragraphs 223 to 225 cover "Change of rates Over State Pension Age".
    Then just below that paragraphs 145 to 147 (confusing numbering because it's older) cover "Change of Rates Age 65 or over".
    Those are about the Mobility component not being added or increased above those ages.
    In a few years there won't be any difference anyway but they have to have both side by side for a while so that any late appeals are covered..
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    Thanks Nuke, there is a slight chance I could get 10 year light touch next time but I think I will just miss it, it all depends if they do the review in 7 years rather than 6 & if they give me a 10 year award.

  5. #5
    I however am being reviewed, as discussed before I have been told (by the DWP) that is is because my final award was decided at appeal. The appeal increased my mobility award. currently waiting in the assessor queue.

  6. #6
    Senior Member nukecad's Avatar
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    'it was a tribunal decision so we can't ....{whatever it is that they don't want to do}'.

    That has become their go-to excuse for not doing what the DWP, or the government, have said that they will/should do.

    But it should say 'won't' instead of 'can't'.

    They DWP can change tribunal decisions by means of a supersession - but it's stated as 'may be superseded' and so their choice if they do it or not.

    The Social Security Act 1998, as revised 31/03/2020, Reg. 10(1)(aa)&(b) specifically allows supersession of tribunal awards. (both FTT and UTT).
    It states that tribunal decisions: "may be superseded by a decision made by the Secretary of State, either on an application made for the purpose or on his own initiative."
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  7. #7
    Senior Member gus607's Avatar
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    I was given a four year award January 2018, this was my first reassessment after reachiung SPA the previous July aged 65.
    Am I correct in thinking my present award will be changed to a ten year award ?
    I received a letter a couple of months ago extending my present award until Sept 2022.
    The DWP certainly love to confuse the public.

  8. #8
    Senior Member nukecad's Avatar
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    Quote Originally Posted by gus607 View Post
    Am I correct in thinking my present award will be changed to a ten year award ?
    It can/may be, if the current award review date (not the end date) will be after you reach SPA then the DM can decide at that review to change it to ongoing without another assessment.

    Note- These are not '10 year' awards- they are 'ongoing' awards with no end date and a 'light touch' review every 10 years.

    But as noted above 'ongoing awards for pensioners' is policy and not law.
    So they do have wriggle room to send you for assessment after you reach SPA.
    And they do have wriggle room to put you onto ongoing before your current review date even arrives.

    It's all their choice depending on what their policy is at any time.

    PS, As stated elswhere the PIP covid extensions change your current award end date - but they don't change you current award review date.
    The whole point of the covid extensions is to give more time between the planned review date (which may be late because of covid) and the award end date.
    They do that by changing one but not the other.
    That's why some have had the extension letter and then the review questionaire with weeks or even days of each other.

    So although your award end date has been extended, to Sep 2022, you can still expect the review at the same time that it was due before, or maybe a bit later because of covid.
    Last edited by nukecad; 05-05-21 at 12:10.
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