Showing results for tags 'dla'.
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Hi I would be grateful for a little bit of help, or confirmation that I'm on the right tracks for putting my case forward to DLA for mandatory reconsideration please. It involves the past presence test, genuine sufficient link test etc. Basically I really could do with someone showing me where to find the relevant decision makers guidance and confirming whether what I'm going to write is correct. I have found some DMG but I don't know if its up to date, so Ill need to ensure I link the correct DMG paragraphs etc to support my claim. Basically we do not meet the past presence test as only returned to uk in nov after living in Australia for 18 months....but I believe we meet the other three criteria involving eu regs, hab residence, self employment etc, genuine sufficient link to uk....meaning, I think, that this means past presence need not apply to us. We are British born, lived in uk al our life barr 18 months, have worked in uk most of our adult life, live here now, wife self employed , both have nics paid, kids go to school here/college etc. http://www.legislation.gov.uk/uksi/1991/2890/regulation/2A I need help how to link and word this please. Thank you
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Hi I would be very grateful fo some help regarding a declined application for DLA. I need some legal advice, I have posted in Beneits/HMRC but not sure if here would be a better place. Please advise wheres best to post, regarding requesting help on a decision. I will need a list of reasons for mandatory reconsideration that will include relevant decision makers guidance, possibly case law and regulations involving past presence, EU regulations etc. This is for my 7 year old sons DLA application which has been declined based upon not meeting the 'past presence test'. Thank you
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Hi All, Another post on behalf of my partners sister and farther. Apologies in advance if some of these benefit names have changed and I am calling them the wrong name and for the long post. Background Story; Partners Dad's house that himself and other daughter was living became UN-inhabitable due to a gas explosion next door that blew a hole in the side (https://www.blackpoolgazette.co.uk/news/a-miracle-escape-from-gas-explosion-at-21-charles-street-in-blackpool-1-8780154) Daughter suffers from moderate Asperger Syndrome and has recently been diagnosed as clinically depressed. She got fired from her job due to not turning up and some conflicts internally that started to escalate (she described it as bullying but I don't think that was the full She got paid out £8k from the job due to being done by the book and they previously had to pay out £40k for a previously fired employee. Her Dad moved into ours whilst she moved into her "partners" Mum's house, her partner is currently a registered carer for his Mum who has now got the onset of dimensia She now has blown through the £8k on material itemswithin the space of 6 months and has no money and no job and claims she can't work due to this depression as unknown people trigger panic attacks but she can attend events like steampunk, real ale events etc filled with unknown people. She is now being prescribed some medication to help with the depression but she has to pay for it, she is constantly now calling her Dad asking for money for these things, he is happy to do it at the moment but solely from necessities. Her Dad also thinks that her partner has also "helped" spend the original £8k payout as he runs an unsuccessful business that is currently £50k+ in debt and can't afford to pay himself. Question; her Dad wants to know what she could be entitled too money / housing wise whilst all this is getting sorted, both house rebuild and depression. She said she applied for JSA but was turned down, there was no proof that she actually went to the Job Center and her story seemed a bit off, we don't think she want's to sign on maybe for sense of pride etc as everyone one else in the family works, but will happily drain her Dad of money and make him pay for her drinks bill etc. She hasn't mentioned anything about seeing if she is entitled to any disability based benefits. Daughter in question is 28 years old and her partner is 47 (I think,) he is a registered carer for his ill Mum, lives at his Mum's home with other family and the Daughter in question, works so many hours a week for his own company but doesn't pay himself as the company has no money and hasn't for years. Any help or advise would be appreciated on how to approach this and again sorry for the long post but I know people are asked for more information on the forum all the time so thought I would try and get as much of it down as possible. Thanks in Advance.
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My sister has been getting DLA at £88 per month, I recently filled in her PIP forms with help from her care home and have been informed her payments will be £110 per week. Nothing has changed in her circumstances just wondering how there can be such a difference.
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Hi, I’m hoping for some advice for my uncle. He is 71, has had schizophrenia all his life, used to live with his parents till they passed away 15 years ago and now lives alone. My mum (his sister) and my dad visit him weekly to check on him, take him some food and do a little clean for him. He receives DLA (lowest rate) and pension credit and has rent paid on a small run down flat. He is usually very private about his finances last time they visited he was very anxious and told them he received a letter from the DWP to ask for bank statements to prove his amount in savings. They asked to see the letter but he said he had thrown it away. When they asked him how much he has, it turns out he has nearly £25,000. Obviously this is way more than he is allowed and we would like to know what is likely to happen now, and what is the best thing to do next? The money has not come from any outside source, purely from his entitled benefits mounting up over the years resulting from him living very and neglecting himself and his home due to his mental illness and medication. For example; he doesn’t eat well, only one decent meal a day and my parents take him fruit and veg and meals when they can. He was going out in winter in a thin summer coat so they bought him a warm winter one. His couches and bed are over 20 years old and falling apart and he refuses to buy a new ones saying they’re fine! he only has this much in savings because he hasn’t had the mental capacity to use his entitlement to care for himself properly all these years. He doesn’t smoke, drink or buy any new clothes or possessions for himself. We are wondering whether to try to convince him to spend a chunk of the money on things he does actually need and keep receipts before sending the bank statements in, or if this is likely to get him into more trouble with the DWP? He talks about being anxious about funeral costs so we could help him get a prepaid funeral plan. He also needs a new mattress, bedding, 3 piece suite, TV, white goods for the kitchen, new clothes and shoes etc all of which he has neglected to buy for himself for 15 years. Thank you very much for your advice!
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hi everyone. my 6yr old granddaughter has just been diagnosed with type 1 diabetes. she needs 5 injections and about 6 blood checks daily and a check in the night. as you can appreciate this is all new to us, but someone has mentioned that my daughter could get help with DLA and possibly carers allowance. could anyone advise please. thanks.
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My DLA was recently stopped (didn't even bother to try or PIP as I know I had no chance). Well today I got a "revised"calculation of my housing benefit due to my DLA being stopped, and it's gone down by over £30 a week? I'm confused by this. I didn't think DLA was means tested and I don't understand how I'm expecting to pay more now that I'm worse off? Does anybody have any knowledge on this that can help please?
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May not be in the correct forum, Mods it needs an idea of both legal and more importantly, DWP. 1. I have DLA awarded since 2008, Mob - High, Care - Low. 2. In 2015 I was run over by a car driver unhappy in having to wait for me to cross the road (slowly) on my crutches. 3. I sued the driver who was convicted of a host of offences. 4. I wasn't awarded anything under CICB payments, I had to sue him myself. 5. The Drivers Insurers have now offered a take it or leave it sum. 6. I know my Solicitor will have to complete a CRU 7. I have searched the net for days for the rulings, appeals etc and have not found the answer which differs from my Solicitors (who I do not believe knows the subject) opinion that the CRU will deduct 38 months of my DLA. 8. Had the accident not happened, I would still have claimed DLA as my disability/qualification was assessed nearly 8 years before on a separate matter. 9. I am on operation 38 for my disability, I will never get better and will die with the same problem. Deduction of my DLA under the CRU would be unjust, wouldn't it? 10. Can I prevent the deduction, using case law, or the rule with respect to my circumstances, or do I have to swallow the loss of money that could have really help me buy new items, not cast-offs to help my disability? Any authoritative response would be most welcome. Thank you
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My son is 7 and gets higher rate mobility and care DLA. His father is the appointee so he gets all the correspondence, we recently split up and our son lives with me. the payments go into my bank account (which was our joint bank account but my husband took himself off the account so it's now just in my name). Is it easy enough to change the appointee to myself? I googled it and read that they suspend the payments and make a home visit. Anybody know anything about this?
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Hello all, this is my first time posting so please be gentle. The long and short of it is my daughter has been extremely hard work from birth and only when she reached 9 did we get some answers and diagnosis or her problems. These include hypermobility, attention deficit disorder, sensory processing disorder, dyspraxia and sleep disorders. Her primary school were very restrictive and actively prevented us gaining outside help for her but we applied for dla (my dates are very rough so please excuse me!) around 2011 when she was around 9/10 and were refused, we eventually went to appeal in around 2012 (yes it really took that long!) the appeal was informal and not too stressful and we were awarded middle rate care which was awarded for 2 years but about 20 months of that was backdated so it ran out within 4 months and we reapplied in 2014 and again were refused, again we went to appeal which took until May this year (her now being 13)... the appeal was highly distressing so say the least, it took place in the magistrates court 2/3 of the panel were very aggressive in their questioning .. constantly almost trying to catch me out ... I felt like i was on trial for murder rather than just trying to get what my daughter is entitled too! We were awarded lower rate care backdated and in place until feb 2016 (2 years again with only a few months left until reclaiming), but were told there was more recent information that they couldn't take into consideration but we should submit that information to a super cession for care. So we did this and last week received a no for care and the reclaim pack for her mobility/dla claim ........ I am now in a predicament .... they already said no for care and the mobility is up for renewal. I categorically know they will not award it and I know for a fact I will need to return to tribunal which I honestly do not think I can cope with, the stress of the situation has put me on higher dose antidepressants for anxiety and stress! Yet I feel an injustice that I am having to go through all this? The money massively helps replace items such as clothing my child eats/bedding she ruins and carpets and such like, it also allows her to partake in activities during the holidays especially for her, so it is important. I even had input from somebody from the disablement action group with the tribunals but they appear to be very busy and I cant think about doing through all this again, does anyone have any advice? Thank you x
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My son is 19 now, he's been in receipt of DLA for about 5 years on the lower levels. His DLA is given in regards to behavioural, self care and communication issues. He did have a job for a while, but as suspected was unable to hold it. This job was handed to him on a plate by my cousin, so he clearly didn't interview for it etc. In the 6 months he was their he simply couldn't understand the 'banter' so took offence at it, he couldn't get up on time without me screaming at him, he didn't bother washing or wearing clean clothes. In the end my poor cousin had to fire him because no one would work with him. I made him sign on at the Job Centre because I simply can't afford to keep him, and he was awarded the £90 a week given to those on DLA. Now it turns out he's off benefits because they kept giving him sheets of paper and telling him to 'call these people for work experience'. At no point have they realised he literally cannot pick up a phone and do that. They won't discuss it with me because he's an adult, but he couldn't even list all his problems to be honest. I don't really know where to go from here.
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Morning I was hoping someone could shed some light for me. We have recently been awarded via mandatory reconsideration high rate care for our daughter, we were already in receipt of low rate mobility so getting the disabled child premium on housing benefit and council tax benefit. I sent the housing office proof of the new DLA award just to keep them up to date and someone said they may add a severe disablement element to the benefit but I didn't really understand that. I did not expect the award to change much as I didn't think DLA for a child was regarded as income as such. Anyway today I received a letter and although not clear I estimate a reduction in housing benefit by around £35 a month and a substantial reduction in council tax support. Does this sound accurate? No other changes to income, I will ring and check but the people who man the phones are often quite rude! Thanks all xx
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I recently transferred from DLA to PIP. On my award letter it stated that any carer's allowance in payment wouldn't be affected by the change. However, as you can guess there is a glitch in the DWP system which meant that son's carer's allowance was stopped without warning. Easy enough to resolve with a phone call, but for anyone transferring it's as well to be aware that there could be a problem. In son's case as this happened over Xmas it was actually 3 weeks before he realised and in the meantime had incurred £54 in bank charges which DWP have agreed to refund.
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Child diagnosed with a disability at age 4, made a claim for DLA a few years later and has been receiving it to date, child now 16 and has made a claim for PIP after being invited to. With an unrelated issue, contact was made to GP to ask proof of disability, GP's can't find medical notes so were unable to help, all records computerised, there are notes relating to his disability though not an actual diagonsis - child has very rarely seen GP and his difficulties have been dealt with by his family. Fast forward with regards claim for PIP, child would not go to an assessment so Atos writing to GP. we understand its going to be very hard to get PIP, so are not holding out much hope - it's not a problem. Now to my question, if GP can't provide confirmation of diagnosis, can Atos/ Decision maker ask that previous DLA awards by repaid? Forms have always been filled in correctly and child has never been asked to attend an appointment for assessment prior to this, we assumed DLA would have already contacted GP, especially given the amount of times the award has been issued.
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Hi all, Quick question. we have just been awarded DLA for our son, the only reason I know this is because I have just checked and received a payment in to bank account, now I am trying to work out at which levels and I can't, the maths does not add up, now I know I will get a letter explaining all eventually, but im a 'I want to know now' sort of person, hence my question to you lovely folks. So the DWP received our application on exactly 1st February and the date of payment for this money in to account is 12th February and the amount is £165.30, now I know this should be a backdated amount as 'normal' DLA payments are paid on a Tuesday or Wednesday every 4 weeks, but the amount seems odd to me and I can't make match with a combination of any of the levels, unless my math is bad, which is more than likely lol.
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Credit is given to mikeymack2002 for this find. https://tinyurl.com/z2nc5vq http://www.consumeractiongroup.co.uk/forum/showthread.php?393992-Bedroom-Tax-Sources-of-Interest-**Correct-as-at-Oct-2015**&p=4851541&viewfull=1#post4851541
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Do you need to check when you may be due to change from Disability Living Allowance (DLA) to the new Personal Independence Payment (PIP) if so use this online tool to find out. Please see the link on this see here >> https://www.gov.uk/pip-checker/y Follow this link >> https://www.gov.uk/browse/disabilities/benefits to find out if you could claim any other benefits or for further information or if you can receive any other financial help...
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Personal Independence Payment (PIP) – table of activities, descriptors and points Daily Living Activities and Mobility Issues... Some readers are confused with what the DLA/PiP descriptor/s are and what points could be awarded. Here is a guide that could answer some of your questions. See this link >> https://www.citizensadvice.org.uk/Global/Migrated_Documents/adviceguide/pip-9-table-of-activities-descriptors-and-points.pdf This is a guide only, as each claimant will need to have his/her own points to be able to qualify for these benefits. These may help you understand how your illness/disability affects you and how it may affect the outcome of your claim. This guidance also includes the descriptors'/points for mobility too... The first 6 pages are for daily living part of your claim, see section 1-10 then for mobility please see pages 6-7 sections 1-2... Also I have added a 12 point diary for you to use if you wish (very useful tool), this can be found here >> http://www.consumeractiongroup.co.uk/forum/showthread.php?457126-DLA-Pip-12-point-diary(21-Viewing)-nbsp Print off as many as you need and keep them until you need to reclaim or provide written proof as to what your abilities are around the home and out in public. Please remember there are good days and bad days, these all need to be kept in the diary... If you have any questions regarding the use of the diary please start your new thread for more detailed advice... Finally getting regular written reports from your care providers/Dr's/Consultant/carer will also be very useful...
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Whilst helping a friend to find a good template for disabled claimants I have just found a 12 point easy to use PDF diary. This will allow you to keep clear and precise records of your condition. Use if it helps you and keep each sheet safe. Why? This can be used to support your claim for DLA/PiP. Please see the attachment and feel free to use it. This was found here >> https://www.citizensadvice.org.uk/Documents/Advice%20(public)/pip-diary.pdf If the link gets broken I have attached the PDF for you to get from this thread... Further useful reading can be found here >> https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-pip-claim/your-supporting-evidence/ Sources of interest can be found here >> https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/
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I wonder if someone could advise please. I called on 5.1.16. for a DLA application for my child. I completed the application by downloading the form. My child who requires day and night care. He was awarded personal middle rate care and low rate mobility. The first payment was the date they received the application - not the date when I phoned i.e. 5.1.16. and I did enclose the page they sent which stated I called on 5.1.16. and it had to be back by mid February. I have called DLA and said that they have not taken into account the night time care my child needs. He is up twice a night for around 15-20 mins and sometimes has to sleep in my bed. DLA said that they 'thought' he only got up 4 times a week during the night for the toilet. I said it was clearly stated that every night he has nightmares and I have to get out of my bed to attend to him. They said they hadn't read that - it is clearly stated. I also said that even though I downloaded the application, the award started from the date they received it. They said the it was because I used the download form - even though I attached the paper page version of the date I applied. So it went to a mandatory. They wrote back and said that there was not enough medical evidence about the night time care enclosed with the application (I sent my GP's letter) - they have not contacted my GP. Now I've had my mandatory, if I'm not happy I have to go to appeal. This is unfair as if they had doubt about night time care, then they could have written to my GP. Is there anything else I can do about this instead of going to appeal as clearly they have not read the application properly and now I've 'spent' my mandatory. Also can someone advise me about when the DLA should have started. Many thanks. BTW I wanted the paper version for the Notes as I haven't got the money to keep paying to top up my ink on my printer.
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Hi all, I had a phone call from Capita yesterday and the woman on the other end of the phone was quite aggressive and hostile. ~She spoke really fast too. I have severe mental health issues and numerous physical issues including needing to be near a loo. She tried to demand I go for a f2f in a place I don't know at all. I told her this and she said "but you get out daily, don't you?" I said of course I can't not with this health. She very reluctantly allowed me an appointment at home but no choice of date. I am now at my wits end as I never allow even the few friends I have to come into my house due to my physical and mental health. My house is a bit of a tip as I suffer extreme fatigue due to Crohn's Disease and arthritis. My mental health is also such that I can't physically do what I want to do when I want to do things. I don't have anyone I can ask to be with me at the allotted time and am terrified of having to let a stranger into my home. I haven't lived in the area long and don't feel I can rely on any of my medical team. Any suggestions please? TIA
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As always I like to try to keep up with the many changes in regards to DLA/PiP changes between now and 2021. By doing so I found a useful site full of useful changes and reports and things like that... If you want to know more or follow this all please see here >> http://www.disabilitynewsservice.com/tag/department-for-work-and-pensions/ Vital letters that tell disabled people they have to transfer to the government’s new disability benefit are being lost in the system, leading to them losing financial support for months on end, according to a whistle-blower. Rebecca*, who has asked to remain anonymous, works for Serco, the company paid by the Department for Work and Pensions (DWP) to run the helpline that deals with all new claims for personal independence payment (PIP). There are many stories within this link and you may be interested in reading or listening or downloading the audio files attached to each of topics that are within each of the stories in this original link..... The home page link is here >> http://www.disabilitynewsservice.com/
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Hi, My grandchild will turn 16 next January and we assume he'll be transferred from DLA to PIP. I've read on various forums that the PIP forms are sent out a year in advance, but his mother hasn't received them yet. He's on indefinite DLA. Should his mother request the forms just now or just leave things as they are and wait and see whether the forms will get sent out. We live in Scotland. Thanks in advance for any info.
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Hi I'm not sure if anyone would know this but just looking for a little advice. My mother lives with me, I am her carer. She receives DLA - High rate mobility - Middle rate care. She suffers with Vascular Dementia. At 78, is it possible to get some sort of reassessment for an award of high rate care? She needs care at night, and someone to keep an eye on her as she is starting to stay awake at night and attempting to keep me awake 24 hours a day. Any increase in benefit will go towards this care. I'm not sure if at her age this can be reassessed, and not sure about the fact that it is now PIP so don't know how it works. Many thanks.
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Hi I have recently been refused dla for my child she is 12 years old sees a consultant for eneurisis clinic wets in the day and night, shes on medication, also shes under a consultant being assessed for adhd and autism, she has 1 to 1 at school and i sent in a mandatory reconsideration on the 4th aug looked at it allready again, i sent in diaries, consultant letters, paedtrician letters, repeat prescription, side effects of her medication, a full patient summary yet still they said they have not changed their decision, im furious and dont know what to do to appeal. I also have autism, dyslexia, dyspraxia, deprssion with social anxieties, me attending court i would not be able to cope with people face to face please can anyone help thankyou
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