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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 10314
Experience:  Dual qualified Solicitor and Attorney
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This is a question about disability benefits.My wife is

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This is a question about disability benefits.My wife is terminally ill with lung cancer and she is recieving the high rate of alttendance allowance,she also has a blue badge.We were led to believe that she was also entitled to free car road tax.we went to the post office with what we thought was.the approp
JA: Where is she? It matters because laws vary by location.
Customer: Luton in Bedfordshire.I prematurely sent the previous text.we went to the post office with what we thought was the appropriate paperwork but was told we also needed proof of disability letter or certificate.On returning home I telephoned the DWP who told me that because she is on AA she does not qualify My wife's brother is in the same situation and he qualifies for it as he is on PIP l have enquired about what the difference is between PIP and AA and the only difference I can find is that PIP is fir a person under retirement age and AA is for a person over retirement age.so if that is in fact the only difference why doesn't my wife qualify,iIs this not discriminatory or ageism
JA: What steps have you taken so far?
Customer: I have not taken any steps so far as we only found this out yesterday and as it is the weekend not sure if we could.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No that pretty much is all so far

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

It is discrimination yes, and it even discrimination based on a protected characteristic namely age however, it is allowable discrimination and nothing can be done about it. In the same way that I cannot bring legal action against the state for not providing me with the state pension even though I am not of state pension age. I trust this assists

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Customer: replied 10 days ago.
Thank you for your reply,but iam still baffled as to what te difference between AA and PIP is.My wifes brother is older than her but was granted PIP before he attained retirement age and according to information i managed to get this does not change after reaching retirement age which seems a bit unfair and discriminatory as they are both in the same position.Thank you once again for your help