Should I risk my Mobility component applying for Care?

[brighteyes24]

Hi, I'm really confused over what to do and wondered if someone can help me.

 

I currently receive higher rate mobility DLA and get a car. It was awarded some 16 years ago and it is awarded indefinitely.

 

I have RA, diagnosed in 1973 at the age of 11 and have had 5 hip replacements as well as suffering osteoporosis due to long-term steroid use.

 

My OH is currently on JSA as he was made redundant in March and when talking to his JSA adviser about me, he was told I should really be claiming the care component.

 

I went to the CAB this morning for a chat and he told me that the danger is that if I now claim for Care, they may review my Mobility and possibly stop it or award it a lower level - he said because although I can't walk very far without severe discomfort, I can walk and they are getting really pedantic about claims.

 

I can't afford to lose my car as it is my lifeline. My OH sold his a couple of months ago to pay the mortgage (!) so we really need it. He said I would most certainly be awarded low rate care and quite possibly mid-rate care but I'm so scared of opening up a can of worms I don't know what to do.

 

Does anyone know how often the DWP will do this? The CAB adviser said that there is a possiblity that they would leave well alone with the mobility component but he can't guarantee that and I'm really worried. We desperately could do with the extra money and my husband does have to look after me a fair bit but I really don't want to rock the boat.

 

Any advice???

[rickyd]

I really do empathise with you as I too have RA but not at bad as yours sounds.

 

My understanding is that DLA is a continuous benefit payable throughout a period of illness to enable a reasonable standard of living to be maintained. If your circumstances have worsened since the original award was made that would appear to be grounds for increased benefits rather than a reduction.

 

Anyone who has RA will know that it is a progressive disease currently without a cure so the chances getting better are remote. We do get spells of remission where life becomes more bearable but generally RA is for life.

 

It's a finely balanced argument but the Government is right to tighten up on false claimants as they reduce the funding available for genuine cases but given your history and the progressive nature of this despicable disease you should be OK. Unless your condition has improved since the last assessment there really shouldn't be any reason to reduce what you currently get and if its worsened the care component should also be payable.

 

I 'm just wondering whether there might be another form of benefit available to you instead like income support or housing benefit etc? Have CAB discussed any of these with you?

[fedup74]

Don't know about all the legal stuff and all that but my dad suffers cardiomyopathy. He gets the higher rate mobility component. He wasn't even aware they could apply for the care component (they don't tell you these things do they:rolleyes:) he was advised to apply by a neighbour who knows how the system works and he was awarded it. He can walk (obviously not very far) but the care component did not affect his mobility award. Good luck:)

[brighteyes24]

My original claim was put in by my consultant and health visitor about 16 years ago. I'd just had my 3rd hip replacement and I had a three year old and a one year old at home. I fought it all the way because I didn't want to admit that I was disabled but in the end they won through and I was awarded it. I've had two further hip replacements since then and broken my leg twice after falling over because of the probs with my legs and the osteoporosis.

 

I didn't realise about the care component either and when I did, didn't bother to claim as I thought I should be grateful for what I'd already been given.

 

I agree that these things should be tightened up but I'm just so nervous about applying. I've heard so many stories about people having it stopped and having to go to appeal.

 

We are in a bit of a pickle atm with the DWP over my OH's JSA and mortgage relief which they've managed to muck up spectacularly (we currently get the grand sum of 10p paid into a bank account every two weeks!!) so I'm loathe to rock the boat anymore. But the CAB adviser said that getting mid rate care will open up all sorts of other avenues to us - carers allowance, council tax benefit etc.

 

I suppose weighing it all up, I should apply and just keep everything crossed that it goes ok.

 

Thanks for the advice

[rickyd]

If you're only getting 10p every two weeks that should make you even more determined to apply for more.

 

It seems that as a country we are prepared to pay the families of Islamic terror suspects more in benefits than we pay to our own disabled folk. (I was referring to Abu Hamza by the way)

 

Good luck with your claim.

[brighteyes24]

Hi Ricky

 

I agree that we should try and claim what we are entitled to but after the complete c**k up over OHs JSA claim, I'm so worried that they'll muck this claim up to.

 

The DWP seem to me to be in a complete shambles. I have written to my MP explaining the way they've treated my OH. He even got ejected from the Job Centre last week and given a public warning for taking in the 20p and putting it on the desk and telling the lady that it was insult and he'd rather not have it. He was making a point of principle and didn't get nasty (he wouldn't know how!!) and they kicked him out !!!

 

As far as the mortgage interest relief thing is concerned, I don't think the left hand knows what the right hand is doing. They're giving us 10p a week but the system at the Job Centre still shows that OH should be receiving his JSA as well as the money that they pay to the mortgage company. Even the CAB though that was how it worked - but it appears that what happens is they calculate what they will pay to your mortgage company and instead of deducting the JSA from that figure and sending the difference to the mortgage company so at least you've still got something to live on, they take the lot and give it direct, leaving you with nothing!!

 

Sorry for the rant!!! Thanks for your support. I'll have a good long think over the weekend and decide what to do.