Extension of child DLA whilst PIP claim being assessed.

I have a client whose child turned 16 in April. She submitted the claim form in April and her DLA was extended until a decision was made.  She has now received a decision on PIP, start date 5 October.  The problem is that the child’s needs increased as she grew older (self-harm, eating disorder) and this was made clear when she put her PIP claim form in. The PIP award is for Enhanced Daily Living, Standard Mobility whilst the DLA is Middle Rate Care.  I feel that the PIP award should be from the start date of the claim, and that the DLA money paid up to October should be offset against the PIP award.  However, when she phoned them, she was simply told that PIP could not be paid whilst DLA is being paid.  Any comments?

The process is that the PIP award is made from 28 days after the final DLA payday in every case. This is under the PIP (TP) Regs 2013.

This means that ‘PIP winners’ such as your client do not feel the full benefit of an award made from their original date of claim, but it also means that the theoretically larger class of ‘PIP losers’ are given a greater measure of protection. The DWP successfully argued that the approach under the regs did not amount to discrimination in the case Worley v SSWP [2019] EWCA Civ 15.

Thanks very much Elliot.  Well it’s not good for my client, but at least I know clearly what the process is and will be able to explain it to her.  I had no idea where to find any legislation on it.
Ruth