DLA to PIP transitional protection – 2 key provisions

Recently we have had a number of outreaches / clients who have been effected with the transition due to a VERY long delay in processing / waiting for an ATOS visit etc which in some cases has in turn stopped linked Carers Allowance and IS which has caused further hardship.

While an option of Judicial Review is open to challenge an unreasonable delay, this option is not a viable one due to Legal Aid cuts and CAB / Advice centres limited budgets etc.

Transitional Protection

Thankfully a quick email to the knowledgeable counsel that is Ben Chataway  (who is incidentally counsel in R (Sumpter) v SSWP (ongoing, judicial review of the Social Security (Personal Independence Payments) Regulations 2013))  who directed me to the following provisions.

The Personal Independence Payment (Transitional Provisions) Regulations 2013

18.—
(1) Where there is an award of disability living allowance to a DLA entitled person and—
(a) the award is of—
(i) both components and the award in respect of either or both is for a fixed term period, or
(ii) one component only and for a fixed term period,
(b) the person reaches 16 after 6th October 2013, and
(c) the fixed term period expires in the period starting with the day before the person reaches 16 and ending with the day before the person reaches 16 years and 6 months, the fixed term period shall be extended.
(2) A fixed term period extended under paragraph (1) shall expire on the day before the person reaches 17 or, where these Regulations have the effect that the person’s entitlement to disability living allowance terminates on an earlier day, on that day.

19.—
(1) Where there is an award of disability living allowance to a DLA entitled person and—
(a) the award is of—
(i) both components and the award in respect of either or both is for a fixed term period, or
(ii) one component only and for a fixed term period, and
(b) the Secretary of State considers that the fixed term period may expire before an assessment determination can be made, the Secretary of State may extend the period by such further period as the Secretary of State considers appropriate.
(2) The Secretary of State may extend a fixed term period under paragraph (1)—
(a) regardless of whether the person has yet made a claim for personal independence payment,
(b) where the fixed term period has already been extended under regulation 18, and
(c) on more than one occasion.
(3) A fixed term period extended under paragraph (1) shall expire—
(a) on the last day of the period by which the Secretary of State extended or last extended it, or
(b) where these Regulations have the effect that the person’s entitlement to disability living allowance terminates on an earlier day, on that day.

The Provisions above were created to…provide[s] transitional arrangements to support the introduction of Personal Independence Payment (PIP) under powers taken at Part 4 of the Welfare Reform Act 2012 [“the Act”] and to assess for entitlement to PIP Disability Living Allowance (DLA) claimants aged between 16 and 64 on 8 April 2013, or who reach age 16 after that date.

Regulations 18 and 19 allow fixed term DLA awards to be extended to allow the PIP assessments to take place. This is to prevent fixed term DLA awards going out of payment whilst the assessment for PIP is taking place.

This therefore for single mothers / full time carers etc of children reaching 16 will not be out of pocket or negatively effected by the delay.

Other Useful links

Disability Rights UK – PIP
The Personal Independence Payment (Transitional Provisions) Regulations 2013.