4.2 Section 83 of the Act provides that Personal Independence Payment will not be available to those over State Pension age or age 65, whichever is the higher (the upper age limit)17, other than by exceptions made in regulations. We intend to make regulations that will allow those who are in receipt of Personal Independence Payment when they reach the upper age limit to continue to receive their existing award for as long as they remain entitled.
4.3 DLA claimants over the upper age limit cannot establish a new entitlement to either rate of the mobility component or move between rates where they are entitled to one. These rules are in part due to the eligibility criteria focussing on different needs rather than a continuum of need, and in part to align with the rules for Attendance Allowance (AA) which does not have a mobility component.
4.4 Unlike DLA, the new assessment criteria for the mobility component of Personal Independence Payment will be based on the severity of the impact on an individual’s ability to plan or follow a journey or to move around and will allow for someone to receive the standard or enhanced rate by reference to either or both of these activities. We are therefore proposing that where an individual’s needs reduce, they will be allowed to move down from the enhanced to the standard rate of the mobility component where their condition or disability is substantially the same. Where an individual’s entitlement has been reduced they can only move back up to the enhanced rate if their mobility difficulties are due to the condition or conditions that gave rise to the previous entitlement and the change occurs within one year. Like DLA, where someone does not have an entitlement to the mobility component of Personal Independence Payment, they will not be able to establish an entitlement once they are past the upper age limit. As for DLA, individuals will also not be able to increase an existing standard rate award to the enhanced rate.
4.5 Currently people can establish new entitlements to the middle or highest rate care component of DLA so long as they have an entitlement to the lowest rate care component or to either rate of the mobility component. This aligns the rules and levels of payment with those applying in AA. No new entitlement can be established for the lowest rate care component and individuals cannot move from the middle or highest rate to the lowest rate. This is because there is no equivalent to the DLA lowest rate care component in AA.
4.6 For Personal Independence Payment, with its simpler daily living component structure, we propose that people should be able to move freely between the rates and will be able to establish a new entitlement to the component after the upper age limit, so long as they have an entitlement to the mobility component.
4.7 As now, those people who are over the upper age limit and are not in receipt of Personal Independence Payment and develop care or supervision needs will be able to claim AA.
Our approach to people over the upper age limit is designed to strike the right balance between claimants’ needs and our intention to make Personal Independence Payment affordable and sustainable in the future. Do you agree our approach achieves those aims? If you disagree, please tell us what approach would achieve the right balance.