DWP Change of circumstances. Help

[Snowfall]

Can anyone please help to allay my fears?

Potted History

 

My husband who is significantly disabled is in receipt of DLA ( not changed over to pip yet)

He has been on enhanced mobility since 1994 following a severe rta.

Multiple injuries, crush fractures etc.

spent two years in hospital initially followed by several further surgeries.

He didn’t claim the care component.

 

He was told he’d never walk again and he was offered medical retirement at this time.

This he refused and with sheer determination and hard work managed to gain some mobility back, all be it severely restricted.

He put himself through uni and changed career to enable him to work.

He continued to meet the criteria for DLA.

 

Fast forward to 2006,

mobility deteriorating,

spine breaking down,

severe pain constantly,

legs becoming weaker,

unable to walk without crutches,

and using wheelchair for distance.

 

At this point he applied for the care component of DLA and was awarded enhanced care.

Admitted to hospital for spinal surgery, metal cage fixed around lumbar spine.

This surgery though complicated, gave some support to his crumbling spine.

His mobility and care needs remained unchanged.

 

In 2010 he had an emergency admission to hospital,

he needed urgent knee surgery on his right leg,

we knew this was was to be expected,

he has no knee caps and extensive damage to both legs.

 

His prognosis has always been in the negative and was just a matter of time before his legs would give up completely.

At this time he was medically retired from work as despite adjustments he was unable to continue to function properly.

He has continued to deteriorate and is on opioid meds along with other meds.

 

Now,

he/we didn’t inform DWP of these admissions to hospital,

we were under the impression that because he wasn’t in hospital for longer than 4 weeks,

and there wasn’t any improvement in his overall condition in that his mobility and care needs remain unchanged,

that we didn’t need to tell them.

I am now aware that this is not the case.

 

My husband, since learning about this has had a complete mental health breakdown, necessitating GP intervention.

He has convinced himself that because of our error by not informing the DWP of these admissions then they will see it as fraud and take action against him.

We have had no contact from DWP, it is just something my husband read and has gone into panic mode.

 

My apologies for the lengthy first post,

I was trying to give some background and I’m desperately trying to hold things together.

 

He was going to phone/ write to DWP to “confess” his error but I’m not sure it’s the correct thing to do given his present mental state.

 

Any advice, reassurance would be most welcome.

Thank you.

[dx100uk]

I doubt it would really effect anything

the period in hospital, although 'weeks' was just that, weeks..

it doesn't invalidate anything 'totally'

other than p'haps he got more than what he was entitled too for that short period which wont amount to much.

[Snowfall]

Thank you for your response:)

 

Both hospital admissions were for periods under 2 weeks. He’s stressing over the fact that he didn’t tell them at the time.

[dx100uk]

I wouldn't worry too much,

under 2 weeks each time will certainly not amount to any great value of anything IF he wasn't entitled to that particular 'element' of any award he was on.

it most certainly doesn't mean the wHOLE of an award is due, solely whichever element i'e care? that couldn't be done by whomever as some else was carrying out that task for them.

 

the experts will be along in the morning.

 

dx

[Mr.P]

under 2 weeks each time will certainly not amount to any great value of anything IF he wasn't entitled to that particular 'element' of any award he was on.

 

If the stay in hospital was less than 28 days on each occasion. then there shouldn't be any effect on his benefit payments. Only if any of the periods of hospitalisation were over 28 days would it trigger an overpayment. Even then, only certain elements would be affected. From: https://www.gov.uk/dla-disability-living-allowance-benefit/how-to-claim

 

You must contact the Disability Service Centre if your circumstances change, as this can affect how much DLA you get. For example:

 

• the level of help you need or your condition changes
  
• you go into hospital or a care home for more than 4 weeks
  
• you go abroad for more than 13 weeks
  
• you’re imprisoned or held in detention
  

[dx100uk]

[Snowfall]

Thank you Mr P

 

As I understand it,

because he was in hospital having surgery for under two weeks and his care needs following remain unchanged,

then there was no requirement to inform DWP?

 

My husband interprets it as because he was having surgery,

this constitutes a change in condition,

regardless of the outcome.

 

He has multiple difficulties which can only deteriorate with time,

surgical interventions whilst perhaps dealing with specific acute problems will never result in a positive outcome overall.

 

My husband's present mental state will not allow him to see things rationally,

he's convinced he's at fault and wants to write to DWP to "confess" his errors of not informing them.

 

This action concerns me as I'm fully aware of DWPs remit and their heavy handed approach.

I just don't know how to approach this and relieve some of my husband's fears.

 

Any advice or opinion on this problem would be most welcome.

 

Thank you.

[Mr.P]

As I understand it, because he was in hospital having surgery for under two weeks and his care needs following remain unchanged, then there was no requirement to inform DWP?

 

That is how I read the information provided by gov.uk. If your husband wants to write a letter to "confess", let him do so. When it comes to posting it, pop it in your handbag and go for a short walk to the nearest postbox. On your return, use the letter to light the fire

[Snowfall]

That is how I read the information provided by gov.uk. If your husband wants to write a letter to "confess", let him do so. When it comes to posting it, pop it in your handbag and go for a short walk to the nearest postbox. On your return, use the letter to light the fire

 

That’s perhaps the first smile I’ve cracked for days:) Thank you x