Greater Manchester Welfare
Rights Advisers Group - a group
to support benefit advisers
promote health, wellbeing and
good practice in advice work.
DLA, PIP and
Nystagmus
Mike Hughes on behalf of
GMWRAG – October 2013.
Please note – this information is only
guaranteed as accurate as the 7th of
October 2013.
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Disability Living Allowance (DLA) and Personal
Independence Payment (PIP)
What’s changing?
The existing DLA rules are not changing, with 1 very big exception.
Claimants must be aged less than 16. Claimants over 16 must now
claim a new benefit - PIP.
The rules for challenging a decision you don’t agree with have also
changed. These changes were introduced for PIP on the 8th of April
2013. They are introduced for DLA on the 28th of October 2013.
When is it changing?
Existing DLA claimants over 16 can renew a claim if it’s due to end
before the end of February 2014.
From October 2013 DLA recipients over 16 will be invited to claim
PIP as follows.
 Children turning 16 will have to claim PIP when their existing fixed
term award is coming to an end.
 People reporting changes of circumstances which might affect
their rate of payment, such as an improvement or deterioration in
their condition, but not issues like going into a care home or
hospital or changing address up to
 People with a fixed-term DLA award which expires from the end
of February 2014.
 Anyone who chooses to make an application for PIP, including
people who have a fixed-term or indefinite award of DLA.
From October 2015 everyone over 16 still getting DLA will have to
make a claim for PIP. Claimants will be selected randomly although
DWP say they will “invite claims as early as possible from recipients
who have turned 65 after 8 April 2013, when PIP was first
introduced.”
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DWP do not expect to complete reassessment of all existing DLA
claimants for PIP until March 2018.
What are the main changes?
The main differences are:
 PIP has very different qualifying rules to DLA. You will need to
o be aged 16 to 64. New claims to DLA will now only be for
children.
o have needed help with extra costs caused by a health
condition or disability for 3 months or more and be
reasonably likely to need help for the next 9 months. For
DLA this remains at 3 and 12.
o have spent at least 2 out of the last 3 years in Great Britain
(a temporary absence abroad for up to 13 weeks, or up to 26
weeks for treatment, will be allowed).
 PIP is assessed on a totally different set of criteria to DLA – you
need to score a certain number of points in relation to 12
everyday activities. 8 points gets you a standard (lower) rate of a
component. 12 points gets you an Enhanced rate.
 In most cases you will have a medical assessment to see if you
can get PIP. In most cases, the medical assessment will involve a
face-to-face consultation.
 The 2 components of PIP have only 2 rates of payment, whereas
the care component of DLA has 3.
 Unlike DLA, all awards of PIP will be reviewed on a regular basis,
even if you are permanently disabled, unless you have been
awarded the benefit under the terminal illness rules.
 Rules for challenging decisions have changed slightly.
There are still similarities. These are:
 PIP is a non-means-tested, non-contributory, non-taxable cash
benefit. You can spend it on what you want. You can claim
whether in or out of work and regardless of income/capital or N.I.
contributions.
 PIP still has 2 components but these have slightly different
names. Daily Living and Mobility replace Care and Mobility.
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 PIP is still linked to getting other benefits – almost all of the
existing arrangements for DLA (such as the Blue Badge and
Carers Allowance) will continue. This is called “passporting”.
 There are still special rules for terminally ill people.
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PIP - What activities are you assessed against?
These are divided into 10 Daily Living activities and 2 Mobility
activities. An inability to perform an activity must be because of
impairment not preference.
Daily Living activities
 Preparing food (4 possible activity levels. Maximum score 8
points).
 Taking nutrition (6 levels. Max. 10 pts).
 Managing therapy or monitoring a health condition (6 levels. Max.
8 pts).
 Washing and bathing (7 levels. Max. 8 pts).
 Managing toilet needs or incontinence (6 levels. Max. 8 pts).
 Dressing and undressing (6 levels. Max. 8 pts).
 Communicating verbally (5 levels. Max. 12 pts).
 Reading (5 levels. Max. 8 pts).
 Mixing with other people (4 levels. Max. 8 pts).
 Making decisions about money (4 levels. Max. 6 pts).
Mobility activities
 Planning and following a journey (6 levels. Max. 12 pts).
 Moving around (6 levels. Max. 12 pts).
An activity scores points if it cannot be performed at some stage of
the day reliably more than 50% of the time in a 12 month period. If
more than 1 descriptor within an activity applies for less than 50% of
the time it can be added together with others within the same
activity.
Reliably means “safely, reliably, repeatedly and in a reasonable
time period”.
 safely – in a manner unlikely to cause harm to themselves or
others, either during or after completion of the activity.
 reliably - to an acceptable standard.
 repeatedly – as often as is reasonably required.
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 in a reasonable time period – no more than twice as long as the
maximum period that a non-disabled person would normally take
to complete that activity.
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The practicalities of filling in a PIP claim pack
 Keep a copy of everything. The DWP often lose critical
documents but it’s only you who suffer if they do. Note down
phone call details in full every time.
 Meet deadlines if you can. Explain and ask for more time if you
can’t.
 The assessment is based on how you are now, not how you might
be after treatment. However, a specific date for treatment may
affect whether you pass the 9 months forward test.
 The assessment is not based on the condition itself but the
consequences of it.
 It is the need for help which is assessed, not the availability of
help or the medical need for help, but, the availability of help or
aids may be relevant.
 Multiple conditions can combine to prevent an activity from being
completed.
 Claimants who use, or could reasonably be expected to use, aids
to carry out an activity will generally receive a higher scoring
descriptor than those who can carry out the activity unaided.
 If you have aids but they have not been prescribed it is important
to explain why not e.g. because there is a waiting list for an OT.
Medical professionals are advised to ignore aids which have not
been prescribed so you will need to make the case for them.
 There is a difference between assertion and evidence. Saying
something happens is an assertion. Describing an example of an
occasion when it happened is evidence. Claims need evidence.
So, say what causes a problem with an activity; describe it in
detail; give an example of when it happened and say what would
happen if help was not provided.
 It may sound obvious but tell the truth. Decision Makers are not
experts but they have access to expert advice and will pick holes
in inaccurate statements.
 Do not make any assertion without an example to back it up.
Never just tick the boxes and leave the rest blank.
 There is no restriction on where evidence can come from but.
o make a list of who could provide evidence and contact them
as soon as possible.
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o it isn’t for everyone, but it often helps to keep a diary of what
issues arise; how often and how they are dealt with.
o focus on activities not diagnosis unless diagnosis is in
dispute. You don’t get PIP for Nystagmus or related
conditions but because of the way in which you deal with the
consequences of it.
o don’t duplicate evidence. 3 letters from different parties
saying the same thing e.g. you have Nystagmus, is forceful
re: a disputed diagnosis, but not useful in describing the
ability to perform activities.
o evidence repeating what you have told someone is not
necessarily strong evidence.
o look for evidence that adds value. That’s not always medical
evidence.
o Do not assume Decision Makers know the meaning behind
what you say. Confirmation that someone has been
“statemented” is fine but what happens in practise is what
needs describing.
o List your GP in the claim pack but explain why information
from your GP will not usually assist. Most claimants with
Nystagmus will not usually see their GP about it. Many GPs
won’t even know you have Nystagmus.
o Although claim packs ask for information about
specialists/consultants DWP will not usually approach these,
even if you ask them to, unless they cannot get a report from
your GP. The onus is on you to get those reports (but see
previous comments about the value of medical evidence).
o Enclose your prescription to illustrate your visual acuity but
reference the recent research showing VA to be a poor
measure of Nystagmus.
o When enclosing a prescription from a high street optician
always make the point that most only list those medical
conditions relating to a product which can be sold in
connection with that. So, if you already have spectacles or
contact lenses your prescription will contain your VA but may
not contain any reference to Nystagmus. It will always be
worth reminding Decision Makers why not.
 Embrace and describe fluctuations in your health condition(s).
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o Do not describe only your “worst days” or your “bad days”.
It’s the fluctuations and unpredictability that often give rise to
a need for help with Daily Living or Mobility.
o DWP Decision Makers won’t know about Nystagmus. They
may refer to a DWP doctor for an opinion. The doctor won’t
know much about Nystagmus but the first thing they will find
out is that it varies, so describing your worst day and
suggesting the impact of your Nystagmus is like that all the
time completely undermines the credibility of your claim
pack.
o Do not use phrases like “good days” when describing
fluctuations. A “good day” to a Decision Maker is one on
which you have no issues because of your condition at all.
Think in terms of whatever is accurate for you. “Bad days
and less bad days” works for some but not all.
o Always focus on the phrase “safely, reliably, repeatedly
and in a reasonable time period” when considering which
activity applies and at what level.
o Depending on the activity, if you can do something once but
then can’t do it again for the rest of the day then you might
not count as being able to do it. The same may apply if you
can only do it in pain or if you get worse at it or slower each
time you do it.
o Remember PIP makes no distinction between day and night
but Nystagmus can vary in different light so it will be
important to explain those differences and to think about
them when deciding whether an activity is something which
can be done or not.
o Make clear the difference time-limits make. Doing stuff
slowly might mean you think you should say you can do
something but, in practice, your speed may be of no use to
someone else e.g. peeling vegetables for a family meal.
Doing stuff under pressure often impacts on safety and
reliability.
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Nystagmus specific stuff to consider
Nystagmus can affect
 the ability to see movement and/or judge distance and thus the
ability to react.
 the ability to read and write.
 the ability to concentrate and complete tasks.
 the speed of task completion.
 the ability to deal with changes in light.
 the field of vision e.g. restrictions because of a null point.
 physical mobility. This could mean balance but could also include
issues because of a null point.
 the ability to deal with clutter or crowding.
 balance.
Nystagmus can be affected by
 the effort to do any of the above.
 tiredness, stress or excitement.
Nystagmus is often accompanied by other eye conditions which
might impact upon
 light.
 movement.
 field of vision.
 ability to see colour.
 distance.
Nystagmus is often accompanied by other impairments or long term
conditions like.




physical disability.
learning disability.
mental health issues.
other sensory impairments.
Bear in mind each of these things, and especially how they interact,
for every single activity. Remember that the impacts of acquired
Nystagmus on the above could be very different.
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DLA for Children - What criteria are you assessed
against?
DLA is 1 benefit with 2 components – Care and Mobility. The Care
Component is payable at 1 of 3 rates. Mobility is paid at 1 of 2 rates.
To claim DLA a child must
 be under 16.
 pass at least one of the disability tests.
 pass the 'backwards and forwards' qualifying period tests (3
months and 6 months respectively).
 pass the residence and presence tests, and not be subject to
immigration control.
Lower Rate Care Component
A child must need attention in connection with bodily functions for a
significant part of the day, which can be during 1 or more periods.
need - This is help which is reasonably needed, not what is given,
nor what is medically essential. This is help to lead as normal a life
as possible. This includes help your child needs outside your home.
For example they can be given help to take part in "reasonable"
social activities.
attention in connection with - This is help of an active nature
required to be given in your child's physical presence. This can
include help given to wash, dress or to go to the toilet providing it is
greater than those of a child of the same age who is in normal
physical and mental health. It can also be more indirect help such as
signing, reading aloud or prompting and encouragement.
bodily functions - These include hearing, eating, seeing, washing,
reading, communicating, walking, drinking, sitting, sleeping, dressing
or undressing, using the toilet, shaving, shampooing, help with
medication and thinking. It does not include domestic tasks like
shopping, ironing and cleaning although washing clothes is less
straightforward in some cases.
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significant - This is around an hour or more.
Middle Rate Care Component
A child must need one of the following
 frequent attention throughout the day in connection with their
bodily functions.
 continual supervision throughout the day to avoid substantial
danger to themselves or others.
 prolonged or repeated attention at night in connection with their
bodily functions.
 another person to be awake at night for a prolonged period or
at frequent intervals to watch over them in order to avoid
substantial danger to themselves or others.
In addition to the above tests their attention or supervision or
watching-over needs must also be greater than those of a child of
the same age who is in normal physical and mental health.
frequent - Means more than twice.
throughout - This means spread over the day.
continual - Means regular checking but not non stop supervision. It
is not the same as constant.
supervision - This is watching over, ready to intervene.
substantial danger - The danger must be real, not just remotely
possible.
prolonged - Means some little time (at least 20 minutes).
repeated - Means two or more times.
night - This is when the household has closed down for the night. It
is generally the time when an adult is in bed but must be more or
less within night-time hours - generally between the hours of 11pm
and 7 am.
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Higher Rate Care Component
For the disability test for the highest rate DLA care component your
child must either
 have one of the day needs and one of the night needs shown in
the middle rate conditions, or,
 be terminally ill.
Lower Rate Mobility Component
Your child must
 need guidance or supervision with walking on unfamiliar routes
because of their mental or physical disablement. He or she
must need substantially more guidance or supervision than a
child of the same age who is in normal physical or mental
health.
 be at least 5 years old.
guidance – Can be physical or verbal.
supervision – This is not the same type of supervision as for the
care component. That supervision is to prevent things happening
whereas this is an enabling supervision.
unfamiliar routes - The test is based on the ability to cope with
unfamiliar routes.
Your child may get this rate if they can walk but need someone on
hand to guide or supervise them. If they are blind, has learning
disabilities or is mentally ill they are likely to qualify for this rate.
Partial sight needs to be argued on a case by case basis.
Higher Rate Mobility Component
Your child must
 be unable to walk.
 be virtually unable to walk.
 the exertion required to walk would constitute a danger to your life
or would be likely to lead to a serious deterioration in your health.
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 have had both legs amputated (or missing from birth) at or above
the ankle.
 qualify for the highest rate of DLA care component, be severely
mentally impaired and show disruptive behaviour.
 have a severe visual impairment.
 be both blind and deaf and need the assistance of another person
to walk out of doors.
 be at least 3 years old.
Any artificial aid used, such as limbs or walking frames are taken
into account when considering your child's mobility needs except for
cases where they are claiming on the grounds that they have had
both legs amputated or missing.
virtually unable to walk - This test looks at your child's ability to
walk out of doors on a normal flat surfaced pavement or road. The
following factors are taken into account:




distance walked.
speed of walking.
length of time taken.
manner of walking.
in the absence of severe discomfort.
When stating how far your child can walk remember that any
walking done whilst they are experiencing severe discomfort does
not count.
severe mental impairment and disruptive behaviour - Severe
mental impairment refers to someone who "has arrested or
incomplete physical development of the brain resulting in severe
impairment of intelligence and social functioning". Conditions that
start later in life, such as recent brain damage do not count.
disruptive behaviour - Must be extreme, require physical restraint
to prevent physical injury or damage to property and also require
someone to watch over your child whenever they are awake.
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severe impairment of intelligence - Determined in many ways. It
can be through an IQ test or by assessing someone's "useful
intelligence" - the ability to function in a real life context.
severe visual impairment - A child must be certified by a
consultant ophthalmologist as severely sight impaired or blind and
are severely visually impaired. A child is severely visually impaired
if:
 they have visual acuity, with appropriate corrective lenses if
necessary, of less than 3/60; or
 they have visual acuity of 3/60 or more, but less than 6/60, with
appropriate corrective lenses if necessary; and a complete loss of
peripheral visual field; and a central visual field of no more than
10 degrees in total.
If your child has a CVI or BD8 (BP1 in Scotland) certificate of visual
impairment, this may provide enough information to satisfy this test
but if not, or if you tell the DWP your child's eyesight has worsened,
your child may be referred for a sight test.
blind and deaf - To satisfy this your child must have 100%
disablement from loss of sight and 80% disablement from loss of
hearing and you they someone with them outdoors. 100% is not the
same as completely blind as what’s being measured is loss of
faculty or ability.
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The practicalities of filling in a DLA claim pack
The issues are very similar to filling in a PIP claim pack but there are
some other things to bear in mind.
 Keep a copy of everything. The DWP often lose critical
documents but it’s only you who suffer if they do. Note down
phone call details in full every time.
 Meet deadlines if you can. Explain and ask for more time if you
can’t.
 The assessment is based on how you are now, not how you might
be after treatment. However, a specific date for treatment may
affect whether you pass the 6 months forward test.
 The assessment is not based on the condition itself but the
consequences of it.
 It is the need for help which is assessed, not the availability of
help or the medical need for help, but, the availability of help or
aids may be relevant.
 Claimants who use, or could reasonably be expected to use, aids
to carry out an activity will generally be treated as having a
“simpler method”. Use of aids is held to reduce care needs. This
is almost the opposite of PIP. What matters here is whether a
child can use them by themselves.
 If you have aids but they have not been prescribed it is important
to explain why not e.g. because there is a waiting list for an OT.
Medical professionals are advised to ignore aids which have not
been prescribed so you will need to make the case for them.
 There is a difference between assertion and evidence. Saying
something happens is an assertion. Describing an example of an
occasion when it happened is evidence. Claims need evidence.
So, say what causes a problem with an activity; describe it in
detail; give an example of when it happened and say what would
happen if help was not provided.
 It may sound obvious but tell the truth. Decision Makers are not
experts but they have access to expert advice and will pick holes
in inaccurate statements.
 Do not make any assertion without an example to back it up.
Never just tick the boxes and leave the rest blank.
 For the lower rate mobility component
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o many people have no physical disability in connection with
their mobility. People tend to walk at the fastest speed of
which they are capable so it is worth emphasising that
slowing down is not necessarily a way of avoiding stumbles.
o walking with another person can often be problematic as you
concentrate more on them than where you are walking.
o whereas the supervision for the care component must be to
prevent danger, guidance and supervision for lower rate
mobility is about enabling someone to get from a to b. This
can be monitoring mental state by simply holding a
conversation about any topic. It could equally be linking
arms. It is not just one thing.
o DWP often assert much guidance or supervision as a person
“liking to have someone with them for reassurance”. If
reassurance is the only thing you need then you won’t
qualify. However, what people often glibly describe as
reassurance is often a lot more. “Watch out for...” might be
what you think of as reassurance but the person saying that
is offering guidance and supervising where you tread. Ditto
tugging at your cuff/hand to stop you stepping into traffic.
 There is no restriction on where evidence can come from but.
o make a list of who could provide evidence and contact them
as soon as possible.
o it isn’t for everyone, but it often helps to keep a diary of what
issues arise; how often and how they are dealt with.
o focus on activities not diagnosis unless diagnosis is in
dispute. You don’t get DLA for Nystagmus or related
conditions but because of the way in which you deal with the
consequences of it.
o don’t duplicate evidence. 3 letters from different parties
saying the same thing e.g. you have Nystagmus, is forceful
re: a disputed diagnosis, but not useful in describing the
ability to perform activities.
o evidence repeating what you have told someone is not
necessarily strong evidence.
o look for evidence that adds value. That’s not always medical
evidence.
o Do not assume Decision Makers know the meaning behind
what you say. Confirmation that someone has been
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“statemented” is fine but what happens in practise is what
needs describing.
o List your GP in the claim pack but explain why information
from your GP will not usually assist. Most claimants with
Nystagmus will not usually see their GP about it. Many GPs
won’t even know you have Nystagmus.
o Although claim packs ask you for information about
specialists/consultants a Decision Maker will not usually
approach these, even if you ask them to, unless they cannot
get a report from your GP. The onus is really on you to get
those reports (but see previous comments about the value of
medical evidence).
o By all means enclose your prescription to illustrate your
visual acuity but reference the recent research showing VA
to be a poor measure of Nystagmus.
o If you are enclosing a prescription from a high street optician
always make the point that most only list those medical
conditions which relate to a product which can be sold in
connection with that. So, if you already have spectacles or
contact lenses your prescription will contain your VA but may
not contain any reference to Nystagmus. It will always be
worth reminding Decision Makers why not.
 Embrace and describe fluctuations in your health condition(s).
o Do not describe only your “worst days” or your “bad days”.
It’s the fluctuations and unpredictability that often give rise to
a need for help with Care or Mobility issues.
o DWP Decision Makers won’t know about Nystagmus. They
may refer to a DWP doctor for an opinion. The doctor won’t
know much about Nystagmus but the first thing they will find
out is that it varies, so describing your worst day and
suggesting the impact of your Nystagmus is like that all the
time completely undermines the credibility of your claim
pack.
o Do not use phrases like “good days” when describing
fluctuations. A “good day” to a Decision Maker is one on
which you have no issues because of your condition at all.
Think in terms of whatever is accurate for you. “Bad days
and less bad days” works for some but not all.
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o Always focus whether something is a problem most of the
time when looking at attention needs. In a week this means
4 days in 7. It could also be 16 days in 31 and so on.
o Depending on the activity, if you can do something once but
then can’t do it again for the rest of the day then you might
not count as being able to do it. The same may apply if you
can only do it in pain or if you get worse at it or slower each
time you do it.
o Remember DLA makes a distinction between day and night.
Nystagmus can vary in different light so it will be important to
explain those differences and to think about them when
deciding whether something which can be done in the day
cannot be done at night and vice verse.
o Make clear the difference time-limits make to how you
perform different activities. Doing stuff slowly might mean
you think you should say you can do something but, in
practice, your speed may be of no use to someone else e.g.
peeling vegetables for a family meal. Doing stuff under
pressure often impacts on safety and reliability but will often
be different from activity to activity. You need to detail how
and why.
For both DLA and PIP a claim is not affected by
o
o
o
o
o
a person not considering themselves to be disabled.
living alone and not having a carer.
not wanting a carer.
medical professionals telling you that you are not entitled.
having been turned down previously, although there are
exceptions to this.
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Dealing with medicals/consultations
DLA claims may result in a medical, which will usually take place in
your own home. This means you can have someone present. The
Examining Medical Practitioner may ask them to leave the room if
there is any physical examination.
Most PIP claims will result in a consultation with a Health Care
Professional (HCP). They will not necessarily be a doctor or a
specialist in any medical condition let alone yours. Most are nurses,
physios or occupational therapists. There is no requirement they
have any expertise or even basic knowledge of your medical
condition(s) or their consequences. You can take someone with you
to the consultation and they can come in with you.
 You may only want a medical person to look at one component of
DLA or PIP. They will almost always look at both.
 The appointments are not long. You will rarely get to cover
everything you want to. For DLA a statement will be recorded on
your behalf. Insist on reading it back and do not sign it if you are
not happy with it. Amend it if needed. If you can’t see it ask for a
large print version.
 For PIP the HCP is working with multiple choice software. They
will rarely have digested your claim pack in full and rarely take on
board any medical evidence you bring with you. They will choose
the nearest answer to what you say. It won’t necessarily be the
right answer unless you focus on ensuring it is.
 A recent decision in connection with a different benefit, ESA, may
have relevance to PIP consultations. CE/3883/2012 concluded
that the evidence of a physiotherapist who carried out a Work
Capability Assessment medical for a claimant with mental health
problems had no probative value i.e. it was not effective proof of
anything. Similar arguments may be of use in relation to
Nystagmus, PIP and consultations by staff with no
experience/knowledge of visual impairments.
 If it is difficult for the claimant to attend a HCP consultation argue
for a home-visit. ATOS seem reluctant to do these. Capita say
they will although this isn’t evidenced as yet. Alternatively, bear in
mind that many claimants will be defined as disabled under the
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Equality Act 2010 and will be entitled to ‘reasonable adjustments’
as part of the claim process.
 Based on the experience of ESA claimants, you will be observed
as you approach the consultation venue, even when this isn’t
mentioned during the appointment. Explain clearly how you got to
the venue (from planning through to arrival) and the problems it
posed. It will be assumed you were simply okay to travel unless
you explain otherwise in detail.
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Challenging decisions
Personal Independence Payment
For PIP there is now a mandatory reconsideration before you are
allowed to appeal to an independent tribunal. In other words you
cannot go straight to appeal. You must first ask DWP to look at
the decision again within one month of the original decision.
There is no time limit for DWP to reconsider, which may be a
problem.
PIP appeals must usually be made on form SSCS1 within 1
month of the mandatory reconsideration decision.
Disability Living Allowances
For DLA there is a choice of reconsideration; supersession or
appeal. The decision on the best course of action will vary from
case to case.
Reconsiderations must be made within 1 month of the original
decision. They can be late if there are grounds but it’s more likely
they will be treated as a supersession.
A successful reconsideration decision is put in place from the
relevant date. A successful supersession is only put in place from
the date it is requested.
Supersessions are used when you are outside the 1 month limit
for a revision and you have either reasons for challenging the
decision (ignorance or mistake about a fact usually) or have had a
change of circumstances.
DLA appeals must usually be made on form GL24 within 1 month
of the decision on the original claim; revision or supersession.
When you appeal DLA decisions a decision maker must
reconsider the decision again anyway before allowing it to go to
an appeal.
 Each benefit has an absolute time limit of 13 months for
appeals. Appeals can be made outside of the 1 month time limit
but 13 months is the absolute limit.
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 Always get advice on challenging decisions before taking
action where there is an existing award. Benefit awards can go
down as well as up so the risk needs to be weighed.
 If a person is already in receipt of DLA then a challenge may
result in the ending of their entitlement and an invitation to
claim PIP, which may result in a different award. Always get
advice before acting.
 Consider getting advice on challenging a decision to not award
on a new claim. Look for a representative.
 It can take a long time to get an appeal to an appeal hearing.
Use the delay well to get advice and gather or improve
evidence.
 Early advice can reduce the need to appeal, and for
representation, but statistics consistently show that
representation produces better results at the appeal stage.
 You should not have to pay for either advice or representation.
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Useful Resources
Online Resources
The “Disability Rights Handbook 38th Edition April 2013 to April
2014” is available from http://disabilityrightsuk.org. This covers much
more than benefits. You can buy this from Amazon for around £25
but please remember it is published annually and will be out of date
almost as soon as it’s published.
Some of these are long documents. We recommend you read
before you press print to decide whether each one is what you’re
looking for. 
The Disability Rights UK “Personal Independence Payment – A
Guide To Making A Claim” can be downloaded from
www.disabilityrightsuk.org/sites/default/files/pdf/PIPguidetoclaimings
ept2013.pdf
The DWP PIP toolkit at www.gov.uk/government/publications/thepersonal-independence-payment-toolkit-for-partners/the-personalindependence-payment-pip-toolkit-for-partners. This is aimed at
advisers but contains lots of useful basic information for everyone.
The DWP “PIP Assessment Guide” (updated on the 27th of June
2013) can be downloaded from
https://www.gov.uk/government/uploads/system/uploads/attachment
_data/file/210722/pip-assessment-guide.pdf
The “Benefits And Work” website contains lots of useful PIP and
DLA resources at www.benefitsandwork.co.uk/personalindependence-payment-pip
The AdviceNow “Turned Down For DLA, AA and PIP? Or think
you’re not getting enough?” Action Guide can be downloaded from
www.benefitsandwork.co.uk/personal-independence-payment-pip
The Rightsnet website is also primarily aimed at advisers but there
are some excellent resources to be found within their toolkit at
www.rightsnet.org.uk/toolkit/leaflets-factsheets-and-publications and
elsewhere within the site.
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Face To Face Advice
Always check out your local Citizens Advice Bureau; local authority
welfare rights service or independent advice centre. Good welfare
benefits advice should ordinarily be available free of charge.
Support with form filling will vary between organisations depending
on their staff resources and ethos.
Personal representation at social security appeal tribunals should be
free but some organisations may assist with preparation with the
appeals process but not attend on the day. This may be where they
are funded by Legal Aid. Legal Aid does not fund representation at
appeal tribunals.
This is something you may want to establish at the outset as
changing adviser part way through is often not straightforward
because there will be a need to
 obtain copies of your case papers from one organisation to give to
another.
 notify the Tribunals Service of any change in representation if the
case has been appealed.
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