DLA problem

[beansy]

Hi everyone This is my first post so I hope I've put it in the right place. A year ago I was awarded DLA - high rate of mobility and middle for care. During the last 12 months my condition has worsened - yet I've just had my 12 month review and have ended up with high rate of mobility and low rate for care. I don't know whether I should appeal against the low rate of care or not, especially considering my health is worse than ever. Unfortunately the decision means that although I'd be entitled to a motability car, I now can't go down that route as I'd already be down £30 per week and would leave myself too tight financially to lose the mobility component as that's what would pay for the car. Without a car I'm stuck indoors. Does anyone have any thoughts on this? I'm new to all this sort of stuff as I've worked since leaving school 25 years ago.

[RaeUK]

Hi beansy, I'm sure you'll attract better advice soon...

My feeling is, if being reduced from middle rate care to lower rate is going to cause you hardship, then surely you must appeal? Win, you gain, lose, you're no worse off than you are now...

Good luck and best wishes.

Rae.

[beansy]

Thanks Rae. I'd be worried that they'd reassess me and tell me that I'm not entitled to anything at all. I've been awarded the benefits for 'an indefinite period' so I'm happy with that. Is there any chance I'd lose the lot if they get the hump by me appealing? I know nothing about the DWP but have read quite a lot of horror stories on forums today whilst looking for advice.

[RaeUK]

Interesting question. Obviously, I don't know the answer. However, I would have assumed that the logic of the appeal tribunal would be rested soley on the question of whether or not you should have been awarded middle rate care and not lower rate. After all, that is the point you would be appealling. That said, I trust someone far more knowledgeable than I will pass this way in due course...

Rae.

Edited January 25, 2010 by RaeUK
type o

[beansy]

Maybe I'm just being a bit too cynical. My husband is on jobseekers after being made redundant (twice in 3 months, there's no work where we live) and he was told he'd switch to a different type of jobseekers allowance after 6 months and that he had to reapply. He reapplied and they decided to cut his allowance in half. We're having to move house to another area because of it (we can't afford to wait for a job to become available around here). I do feel as if you get played with sometimes.

[adamrao]

Beansy - Sorry to know about your health problems.

 

You have three options:

 

1- You can appeal against the decision but as you are already aware of the fact that there is a possibility of losing what you are already getting, by appealing you are asking them to re-assess your whole DLA award. That doesn't mean you should not appeal, it all depends on what type of care needs you have and what sort of information you will provide them in your appeal.

 

2- You can stay on the current DLA (care) award and after some time you can ask DWP to review the care component (only) of your DLA claim. This is called 'supersession'. I would advise you to see a welfare rights worker to give you further advice on supersession. Initially S/he will interview to assess the case whether it is worth asking for supersession, should s/he decide to go ahead they will ask DWp for review pack and fill only the care section of the form and send it with futher evidence e.g. letter from GP, consultant, support worker, hospital reports etc. This is bit safer way than appealing in the first place.

 

3- Carry on with the current award and do nothing. When your current DLA is due for renewal in future then try for middle rate care again.

 

Wish you all the best of your health.

 

Adam

Edited January 26, 2010 by adamrao

[RaeUK]

Adam, thanks for clarifying about the appeal.

Rae.

[adamrao]

You are welcome Rae.

[beansy]

Thanks Adam, that's interesting to know. I think the supersession way to go is probably the best. When I was filling out my form, I left something out because I thought it had stopped happening - it's happened a couple of times since I submitted my form and in hindsight I probably should have added it. Therefore I probably had the right decision for what I wrote on the claim form - there's not much point in appealing it.

 

How could I go about submitting this additional information, is there a specific way to do it, or should I just write to them?

 

Thanks again

[ErikaPNP]

The reason your husbands claim to JSA would have been cut would have been because the first 6 months of JSA would have been contribution based which is not affected by (most types) of income/savings. After six months the JSA is income based and would have been payable at a lesser rate due to the income of the household.

 

DLA is not based on your income so the award would only be altered if it was not awarded correctly in accordance to your needs.

[adamrao]

Beansy

 

In your case, I would suggest you to wait till you can ask for supersession. Let you caseworker know about this additional info.

[beansy]

How would I go about getting a caseworker? Should I have one already? It's all very new to me still.

[ErikaPNP]

You can find one via your local council - they are called "Welfare Rights" and will help you free of charge. They are well versed on benefits and can advise on benefit entitlement, as well as act as a representative.

 

There is also CAB but Welfare Rights tend to be more specialised, where the CAB can be more generalised - it depends on the area.

[loopinlouie]

Welfare rights are great at destressing on these matters, they know it inside out as they have done it so many times. My case worker is a god send.

[beansy]

Thank you for your replies, I'll get onto that tomorrow.

 

A thought came to me that I should just write in to them (with a photocopy of the page I missed entering the info on) with the information I should have included. If I'm not asking them to reassess my case but just giving them information that I missed out, then would they really be able to do anything but double check I'm on the right rate?