Changes For Terminally Ill Claimants Transferring From DLA To PIP
Currently there is a requirement for all claimants who are transferring from Disability Living Allowance (DLA) to Personal Independence Payment (PIP) to wait 28 days starting with the first pay after the decision to award PIP (‘the 28 day run on’).
To ensure that the system delivers vital support as quickly as possible for claimants who are terminally ill, the 28 day rule is being modified.
This requires a change in legislation.
Regulations have been drafted and are due to come into effect on 4 April 2016.
The change will only apply to PIP claimants transferring from DLA who meet the SRTI criteria and are awarded a greater weekly rate than their current DLA weekly rate.
For the small number of people who receive less under PIP, the 28 day run on will remain to ensure there are no losers as a result of this change.
Entitlement to PIP will start at the earliest opportunity, between 1 and 8 days following the decision to award PIP taking into account the different payment cycles of DLA.
Questions and Answers
1: What is being changed and why?
On 1 February 2016 the Minister announced that the 28 day rule for terminally ill claimants who are moving from DLA to PIP is being changed. This is to ensure that the system delivers vital support as quickly as possible.
2: When does this new rule come into effect?
New Regulations have been drafted and are due to come into effect on 4 April 2016.
3: Who will benefit from this change?
This change will apply to claimants who meet the Special Rules for the Terminally Ill (SRTI) criteria, are awarded a greater weekly rate than their DLA weekly rate and our decision on the PIP claim is made on or after 4 April 2016, the date the new Regulations came into effect
4: I am terminally ill and was awarded PIP which is more money than I was getting on DLA. I had to wait 28 days before PIP could be paid. Can I get backdated payments for the difference for this period?
There are no provisions to backdate payment. If the decision on the PIP claim was made before 4 April 2016, then the previous rules will apply.
PIP will start as usual after the end of the 28 day period.
5: I have been awarded PIP because I am terminally ill but I’m going to get less than I did on DLA because I don’t qualify for the mobility component. Will I lose out on the DLA payments for 28 days until PIP starts?
No. The 28 day rule will apply to everyone whose PIP decision took place before 4 April 2016. This will continue to apply from 4 April 2016 and beyond if a terminally ill claimant is awarded PIP at a weekly rate which is less than their current DLA weekly rate.
6: Why is PIP not paid immediately once a claimant notifies the Department they are terminally ill?
Entitlement to PIP will start at the earliest opportunity following the decision to award PIP under SRTI. We don’t expect this to be more than eight days for any claimant and in the vast majority of cases it will be less. It is determined according to the current payment cycle. This is significantly less than the current minimum of 28 days.
7: Why are you only removing the 28 day rule for terminally ill claimants?
The 28 day rule was introduced to help claimants manage their money where the amount of PIP awarded is less than they were getting for DLA.
We’ve removed this rule for terminally ill claimants to allow people who are terminally ill to get help quickly when they claim PIP. This is in line with the fast track process which was introduced for all people claiming under the special rules for terminally ill people.