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.