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.
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.
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
-  EWCA Civ 15
- Appointment to act for child DLA recipient when invited to transfer to PIP at age 16
-  UKUT 359 (AAC)
Requirement to give reasons in DLA to PIP conversion cases if PIP decision appears to be inconsistent with DLA decision
-  UKUT 16 (AAC)
Only disabilities which led to DLA award can be deemed to automatically satisfy the three months retrospective condition under PIP transitional regulations
-  UKUT 311 (AAC)
Regulations delaying PIP award in transfer cases until 28 days after decision are not discriminatory or ultra vires
-  u 25 (AAC)
General telephone enquiry can trigger PIP transfer claim / No obligation to supply DLA evidence on a PIP transfer appeal
-  UKUT 117 (AAC)