LEAP, PIP and intervening AA claim

Asking for a friend, as it were.

The claimant was refused PIP in 2017.

As there was no PIP entitlement, and owing to the claimant’s age, a successful claim for AA was made in 2017.
PIP entitlement was reviewed in July 2021 via LEAP exercise – ‘planning and following a journey’ went from 0 points to 12
.
Enhanced PIP was awarded, both elements, but the award was limited in time as AA in payment.

Claimant was referred to us in late 2021 and we queried whether in view of the LEAP change, the AA claim should be taken retrospectively as a PIP claim.

DWP say the claimant should now remain on AA, and that the LEAP decision was an MR so we must lodge an appeal.

Obviously, the claimant loses a large amount of money if they remain on AA.

In this situation, is there any mileage in arguing that the AA claim be treated as a claim for PIP?

Or is there any other form of challenge we can try - or is the complaints/compensation route the only way?

Isn’t it a condition of being entitled to AA that the claimant is not entitled to PIP. Can you argue for a revision of the original decision to award AA on the grounds that the claimant no longer meets the eligibility conditions and therefore cannot receive AA and consequently the PIP would continue.

Section 64 of the SSCBA states:

64Entitlement.
(1)A person shall be entitled to an attendance allowance if he is aged 65 or over, he is not entitled to [F1an allowance within subsection (1A)] and he satisfies either—
(a)the condition specified in subsection (2) below (“the day attendance condition”), or
(b)the condition specified in subsection (3) below (“the night attendance condition”),and prescribed conditions as to residence and presence in Great Britain.
[F2(1A)The following allowances are within this subsection—
(a)personal independence payment;

So as Ian notes, could you argue that the AA award made in 2017 can now be shown to have been made erroneously and that sec.17 of the SSA1998 doesn’t apply in that case as the decision to award AA can now be seen to have been an official error and should be revised?

An update to this case - we appealed the DWP decision not to reinstate PIP on grounds of the length of the PIP award, pointing out that receipt of AA is not a barrier to PIP entitlement, conversely, receipt of PIP is a barrier to AA entitlement. (Section 64(1) and (1A) of SSCBA 1992).
Fortunately the DWP have finally seen sense and lapsed the appeal today. AA has ceased and PIP will replace it and back pay awarded of over £15000.
Thank you to all who replied.

Excellent result.