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DLA - change in circumstances procedure

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8 years 11 months ago #133452 by Kat10
Hi - I am in receipt of DLA higher mobility and middle personal care. Thankfully, I think that my condition has improved slightly re mobility and I have advised DWP. I was informed that if I wanted to formalise this then my benefit would be suspended until a decision is made. I would be grateful if anyone has any advice as to what happens next and what action I should take? Many thanks

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8 years 11 months ago #133455 by Gordon
Replied by Gordon on topic DLA - change in circumstances procedure
Kat

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

I am surprised that the DWP have offered you a choice in the matter, that is not their normal procedure and it may be that will now continue with the process whatever you say.

If they are indeed leaving the choice to you then only you can make the decision on whether to continue or not. You are required to report an improvement in your condition, but you should consider factors such as whether the change is permanent or not and whether the change necessitates a Change of Circumstances, for example; if your walking distance has improved from 10m to 20 then it is reasonable to assume that you still meet the criteria for a Higher Rate award.

You should be aware that HRM and LRM are awarded for different reasons, so if you no longer meet the HRM criteria it is most likely that you will receive no mobility award at all, unless you also have problems with planning a route, going out and following a route.

The first issue you need to address is whether you are in an active PIP postcode (see the following), if you are then you will be invited to claim PIP and it will be a full review of your claim from scratch, the good news is that your DLA should not be suspended during the process.

www.gov.uk/government/publications/pip-p.../pip-postcode-map-uk

If you are not in a PIP area, then I would expect your DLA to be re-assessed and it is likely that payment will be suspended while this happens, it is possible that they will only ask you to complete the mobility section of the form, but this would be at the discretion of the DWP and it could again be a full review.

Our PIP guides are available on the following link

www.benefitsandwork.co.uk/help-for-claimants/pip

and our DLA ones

www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaclaims

If you have any further questions then please reply to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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8 years 11 months ago #133464 by Kat10
Replied by Kat10 on topic DLA - change in circumstances procedure
Gordon

Many thanks for your helpful advice and the links - It does look like my postcode is an active PIP postcode. I will have a good look through and I may well ask for addition advice :)

Thanks again

Kat

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8 years 11 months ago #133694 by Kat10
Replied by Kat10 on topic DLA - change in circumstances procedure
Gordon,

Thanks again for your help. I have looked at the guidance (apologies if I have missed something) in order to write a letter re my change in circumstances. Is it advisable for people in my situation to write just a general note at this point and see what happens or be more specific i.e. highlighting what areas have improved. I would like my case to be considered as I have been informed that once they receive notification then my benefit will be suspended (which is a concern if it is for a number of weeks). Also, I am not sure whether they will consider it as a DLA and possible void my current claim or just put my PIP review nearer the top of the pile so I start again.

Krs

Kat

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8 years 11 months ago #133708 by Gordon
Replied by Gordon on topic DLA - change in circumstances procedure
Kat

If you are in an active PIP postcode, which a previous post suggests, then any reported Change of Circumstances will result in an invitation to claim PIP. Your DLA should remain in payment at the current rate until four weeks after a Decision on your PIP claim is made.

I don't think there is much point in your writing a detailed letter because if you are invited to claim PIP it will be basically ignored and you will still have to include the information on the PIP claim form, so I would write a basic letter explaining how your conditions have changed and go from there.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Kat10

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8 years 11 months ago #133732 by Kat10
Replied by Kat10 on topic DLA - change in circumstances procedure
That's great thanks. It can be a bit over whelming at times.

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