Who can claim PIP, DLA and Attendance Allowance? Understanding eligibility & key differences

When it comes to disability-related benefits, few areas create as much confusion as understanding who can claim Disability Living Allowance (DLA), Personal Independence Payment (PIP) and Attendance Allowance (AA) and how they differ. For deputies, case managers and families supporting vulnerable individuals, these distinctions directly affect access to essential care funding. 

In a recent discussion, Holly Miéville-Hawkins, Partner in the Court of Protection team at Anthony Gold Solicitors, spoke with Adam Booth, a Welfare Benefits Adviser at Chase de Vere, to clarify how these three key non-means-tested benefits apply at different life stages.

Why the distinction between PIP, DLA & Attendance Allowance matters

Understanding the distinction between these benefits is critical for anyone involved in deputyship or client financial management. Each benefit is tied to a specific age range and assessment framework, meaning that a person’s entitlement often changes over time. 

For example: 

• A child with significant care needs may start with DLA.  

• Once they turn 16, they should be reassessed and begin receiving PIP.  

• Later in life, when they reach State Pension age, they may transition to AA, if they continue to need care support. 

For Court of Protection professionals, this progression matters because benefit changes can affect a client’s overall income, care contributions, and, by extension, deputyship budgets. A missed reassessment or misunderstanding about eligibility could thus lead to gaps in a vulnerable person’s income or inconsistencies in care arrangements. 

As Adam Booth explains in the interview, DLA, PIP and AA are all non-means-tested allowances, but each has different qualifying rules and structures. Deputies should ensure clients are always receiving the appropriate benefit for both their age and needs, to maintain financial stability and compliance. 

Disability Living Allowance (DLA): For children & legacy claimants 

DLA was once the primary disability benefit for both adults and children. However, since 2013, it has been gradually replaced by PIP for working-age adults. DLA now applies mainly to children under 16 or to adults who still receive it as a legacy benefit. 

According to Adam Booth, “you may see some working-age or pension-age claimants with DLA because they’ve been on it historically.” The Department for Work and Pensions (DWP) has been moving people from DLA to PIP for over a decade, and many individuals continue to receive DLA due to the gradual migration processes. 

Eligibility and criteria 

• Who can claim DLA: Primarily children under 16, or adults still on DLA before it was phased-out. 

• Type of Assessment: Based on the individual’s care and mobility needs. 

• Components: 

• • Care component (help needed with daily activities) 

• • Mobility component (difficulty moving around) 

Why it matters for deputies 

For deputies managing the affairs of a child or young person under 16, DLA provides an important source of non-taxable income to cover care or mobility-related costs. Ensuring continued entitlement and preparing for the transition to PIP at 16 is essential to prevent disruption to an individual’s income. 

Practical tip: Deputies should diarise a reminder before a child’s 16th birthday to initiate the PIP application early, as DLA will stop once the PIP assessment process begins. 

Personal Independence Payment (PIP): For working-age adults 

PIP replaced DLA for adults and applies to people aged 16 to State Pension age. It is designed to help with the extra costs of living with a long-term health condition or disability that affects daily life or mobility. 

Unlike DLA, which is based on a flat assessment of care and mobility needs, PIP uses a structured, points-based system. Each claimant is assessed against 12 activities (known as “PIP descriptors”), such as preparing food, washing, dressing, communicating, and moving around. 

Eligibility and criteria 

• Who can claim: Individuals aged 16 to State Pension age with long-term health conditions or disabilities. 

• Type of Assessment: Carried out by a health professional in person or remotely using a points-based test. 

• Rates: 

• • Daily living component (standard or enhanced rate) 

• • Mobility component (standard or enhanced rate) 

The number of points a claimant scores across relevant descriptors determines the rate they receive. 

Why it matters for deputies 

For deputies or case managers overseeing the affairs of clients within this age range, PIP can form a crucial part of financial and care planning. It’s non-means-tested, so clients can receive it regardless of savings, compensation, or funds held in trust. 

Example in practice: A deputy managing a client’s personal injury settlement might use PIP income to help fund carers, therapy sessions or mobility aids, without affecting their means-tested benefit entitlement. 

Key transition to monitor: When a young person turns 16, their DLA entitlement may come to an end, and will be invited to apply for PIP. Deputies should manage this handover carefully to avoid any gap in payments. 

Attendance Allowance (AA): For older adults over state pension age 

AA is available to individuals over State Pension age who need help with personal care due to a physical or mental health condition. Like DLA and PIP, it is non-means-tested meaning that savings, income or capital do not affect eligibility. 

Adam Booth explains that AA shares similar assessment principles with DLA: it is based on day-time and night-time care needs, but it no longer includes a mobility component. This makes it specifically focused on personal care support rather than mobility assistance. 

Eligibility and criteria 

• Who can claim: Individuals over State Pension age who require help with daily personal care or supervision. 

• Type of Assessment: Based on care needs during the day and/or night. 

• Rates: 

• • Lower rate – help required either during the day or night 

• • Higher rate – help required both day and night 

Why it matters for deputies 

For deputies managing the finances of older adults, particularly those in residential care or supported living, AA can be a valuable contribution towards care costs. As it is non-means-tested, like DLA and PIP, even clients with substantial savings or assets can qualify. 

Example in practice: An elderly client with dementia living in sheltered housing may receive AA to help fund daily personal care. The deputy would thus need to ensure that the benefit is in payment and accurately recorded in the client’s financial report to the Office of the Public Guardian. 

Professional note: deputies should review whether clients who have reached pension age and are still receiving PIP may now be eligible for AA instead, depending on care needs and age at assessment. 

Comparing DLA, PIP and Attendance Allowance at a glance 

Understanding how these benefits relate to each other is key for deputies and advisers. Although they share a similar purpose, that being supporting people with additional care or mobility needs, eligibility depends largely on age and assessment type. 

Common mistakes and when to seek professional advice 

Navigating benefit eligibility across age groups can be complex, even for experienced deputies. Here are some frequent pitfalls and how to avoid them:

Confusing age boundaries 

A common mistake is applying for the wrong benefit based on age. For instance, a 17-year-old cannot start a new claim for DLA but may be eligible for PIP instead. Deputies should always confirm the claimant’s age at the time of application.

Missing reassessment deadlines 

When a child turns 16, DLA will transition to  PIP. If this step is missed, payments can lapse, leaving the client temporarily without vital support.

Assuming benefits end automatically at pension age 

PIP does not automatically convert to AA at State Pension age. Deputies must ensure clients are reassessed under the appropriate benefit when care needs continue into later life.

Overlooking mobility needs in older clients 

Because AA does not include a mobility component, deputies should check whether older clients may continue receiving the PIP mobility element if they were already claiming it before reaching pension age. This can make a meaningful financial difference and an assessment must be made on a case by case basis.

Not seeking expert welfare advice 

The interaction between age, care needs, and benefit rules can be nuanced. A welfare benefits specialist can help deputies determine the correct benefit, handle reassessments, and ensure no entitlements are lost during transitions. 

Professional insight from Adam Booth: Even minor administrative delays or incorrect assumptions can lead to missed payments worth thousands of pounds. Always verify eligibility – especially at transition points.

Can you challenge a PIP, DLA or Attendance Allowance decision that refuses or reduces a benefit award?

Receiving a decision letter that refuses or reduces a benefit award can be distressing for both claimants and their deputies. Where an application for non-means-tested benefits such as Personal Independence Payment (PIP), Disability Living Allowance (DLA) or Attendance Allowance (AA) is unsuccessful, it is common to feel uncertain about the next steps or the strict time limits that apply. Our guide on challenging a PIP, DLA or Attendance Allowance decision explains how mandatory reconsiderations work, when extensions may be available, and what to do if you need to act quickly.

Frequently Asked Questions 

Q1. What age can you claim PIP?

You can claim Personal Independence Payment from age 16 up to State Pension age, provided you have a long-term health condition or disability that affects your daily life or mobility. 

Q2. Can a child claim PIP?

No. Children under 16 cannot claim PIP, they can claim DLA instead. When they turn 16, they’ll be invited to apply for PIP. 

Q3. When does DLA stop and PIP start?

DLA stops shortly after a child turns 16. The DWP will send a letter inviting them to apply for PIP. Deputies or carers should apply promptly to avoid payment gaps. 

Q4. What’s the difference between PIP and Attendance Allowance?

Both are non-means-tested, but PIP includes a mobility component and applies to working-age adults, whereas Attendance Allowance is for people over State Pension age and covers only care needs. 

Q5. Can someone over pension age get both PIP and Attendance Allowance?

No, you cannot receive both at the same time. However, individuals who were already getting PIP before reaching State Pension age can continue to receive it as long as they meet the eligibility criteria. 

Conclusion and Next Steps 

Knowing who can claim PIP, DLA or AA, and when transitions occur, is vital for responsible financial management. Each benefit supports clients at different life stages, and managing those transitions ensures continuous and compliant care funding. 

For professional and lay deputies, proactively reviewing entitlements helps protect clients’ financial interests and demonstrates good financial management. Whether it is ensuring a 16-year-old moves smoothly from DLA to PIP or confirming that an older adult qualifies for AA, these steps make a tangible difference to clients’ quality of life. 

For tailored advice on managing welfare benefits within Court of Protection deputyships, contact our specialist Court of Protection team at Anthony Gold Solicitors. Send us your query at mail@anthonygold.co.uk, or call us on 020 7940 4060.

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