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TOPIC: claiming DLA when still caring for someone else

claiming DLA when still caring for someone else 3 years 9 months ago #42135

Hi Can anyone advise me please? I have been a carer for a number of years but have recently been diagnosed with a serious neurological problem and have been advised that I should claim DLA as my health is deteriorating and I am on urgent list for neurosurgery. There is no cure for my condition..the best I can hope for is that surgery could at best halt further progression if I am lucky. At present I only receive carers allowance and a small working tax credit. How do I proceed re my carers allowance..If I give up that now to claim DLA my income will be halved and I have no guarantee if I will be successful with DLA or if I am when this will be paid...in the meantime I am sinking financially and am likely to lose my home.HAs anyone been in the same position and what can I do?
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Re: claiming DLA when still caring for someone else 3 years 9 months ago #42146

It is possible for someone to get DLA whilst being a carer, provided that their functions as carer don't conflict with their needs for which they are claiming DLA.

I can think of one couple where both received DLA. The wife had severe mental illness and the husband was physically disabled. She helped him with his physical care and mobility and he helped her with her support and encouragement and supervision. Between them, they got by.
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Re: claiming DLA when still caring for someone else 3 years 9 months ago #42164

  • Jim Allison
  • OFFLINE
  • retired Principal Welfare Rights Officer
Hi,

There was a Commissioners Decision on this which at the moment I cannot locate, but will keep looking.

However, I do remember the basic aspects of the case.

Mr 'Anyname' was in receipt of DLA HRM & HRC, and 'Mrs Anyname' claimed Carers Allowance (CA) for her husband, as at that time she met all the requirements for CA.

Several years later Mrs 'Anyname' contracted a neurological disease and on first application was granted DLA HRM & HRC for life ( now called indefinite awards)

She continued to receive Carers Allowance, but then I cannot remember the
full facts, but I believe the DWP withdrew her CA and she appealed but was turned down. So with appropriate advice she appealed to the Social Security Commissioners ( now called the Upper Tribunal) and her appeal was unsuccessful, as the Commissioner held that the severity of 'Mrs Anyone's disability made it 'inherently improbable', that being in receipt of HRC herself would enable her to be able to care for another person for a minimum of 35 hours per week.

Not sure if our former DSS Adjudication Officer, Crazydiamond can recall the case ?

Regards.

Jim
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 3 years 9 months ago by Jim Allison. Reason: Added information.
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Re: claiming DLA when still caring for someone else 3 years 9 months ago #42167

Do you think the rate of care and mobility was a significant factor here? If you couldn't move far and you couldn't do much for yourself, it would be more unlikely that you could be providing 35 hours care for someone than if you were getting LRC which doesn't indicate a need for much care?
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Re: claiming DLA when still caring for someone else 3 years 9 months ago #42170

Survivor wrote:
It is possible for someone to get DLA whilst being a carer, provided that their functions as carer don't conflict with their needs for which they are claiming DLA.

I can think of one couple where both received DLA. The wife had severe mental illness and the husband was physically disabled. She helped him with his physical care and mobility and he helped her with her support and encouragement and supervision. Between them, they got by.

I believe that is me Survivor I have mentioned it on here before.

It works as you have rightly stated.

I have been Carer for my wife for over 30 years with severe mental illness (Bipolar disorder) neither of us claiming any form of benefits.

The last 13 years, since I have become chronicaly ill with cervical and lumbar spondulosis, also two TIAs (mini strokes) and now Angina. We have both been encouraged to claim what is entitled to us. Incidentaly it took me 9 of those 13 years to get that entitlement. Which looks like I could now possibly lose.

Though we are both able to claim DLA we are on Underlying Entitlement for Carers Allowance.

Which means I am then eligable for other benefits, IE; Guaranteed Pension Credit etc.

Sooty1 you should be able to do the same unless of course this Government change it all.
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Re: claiming DLA when still caring for someone else 3 years 9 months ago #42172

Though I might add perhaps the situation is different for us because of the physical and mental illnesses.
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