Transitional issues
Transitional issues can arise in the process of transferring from disability living allowance to PIP. Problems faced by claimants may relate to: notifications inviting a transfer claim, the operation of time limits to complete a transfer claim, or what can trigger a voluntary PIP transfer claim.
NB - in Scotland, adult disability payment is replacing personal independence payment and PIP claimants in Scotland will gradually be transferred to the new benefit - see Social Security Scotland's guidance Case transfer for Adult Disability Payment and Case transfer working age DLA to ADP.
Case law
Commentary: Whilst we don't yet have any commentary in relation to the case law items below, we'd love to hear from you if you'd like to contribute. Send us a suggestion and we’d be happy to incorporate it here. | Add commentary or suggest an edit.
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Whether tribunal should have requested DLA evidence in PIP transfer claim appeal where there was no indication that claimant had ever been invited to request it
- [2020] UKUT 70 (AAC)
- CPIP/2836/2018
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Tribunal failed to give adequate consideration to seeking medical evidence from DLA award in PIP transfer case
- [2019] UKUT 150 (AAC)
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Regulations delaying PIP award in transfer cases are not discriminatory and cannot be interpreted to lead to earlier award dates in change of circumstances cases
- [2019] EWCA Civ 15
- [2019] AACR 15
- Appointment to act for child DLA recipient when invited to transfer to PIP at age 16
- [2018] UKUT 359 (AAC)
- CPIP/2208/2017
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Circumstances in which tribunal should obtain evidence relating to previous DLA award when considering PIP appeal / whether tribunal needs to give reasons for reduction in award from DLA to PIP
- [2018] UKUT 330 (AAC)
- [2019] AACR 11
- CPIP/2386/2017 & CPIP/2307/2017
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A tribunal is not always required to give reasons in DLA to PIP transfer cases if PIP decision appears to be inconsistent with DLA decision
- [2018] UKUT 314 (AAC)
- CSPIP/193/2018
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Requirement to give reasons in DLA to PIP conversion cases if PIP decision appears to be inconsistent with DLA decision
- [2018] UKUT 16 (AAC)
- CPIP/3272/2016
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Only disabilities which led to DLA award can be deemed to automatically satisfy the three months retrospective condition under PIP transitional regulations
- [2017] UKUT 311 (AAC)
- CPIP/48/2017
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Regulations delaying PIP award in transfer cases until 28 days after decision are not discriminatory or ultra vires
- [2017] u 25 (AAC)
- CPIP/2980/2015
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General telephone enquiry can trigger PIP transfer claim / No obligation to supply DLA evidence on a PIP transfer appeal
- [2016] UKUT 117 (AAC)
- CPIP/2225/2015