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DLA for life stopped - confusion

  • bendaw
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10 years 4 months ago - 10 years 4 months ago #115622 by bendaw
DLA for life stopped - confusion was created by bendaw
Updated 10th January 2014

My friend received the Application Pack on 20th Nov and was required to return it to DWP Blackpool by 16th Dec, ie within 4 weeks, which she did.

DWP letter 18th Dec said it could take 11 weeks to reach a decision.

On 8th Jan she got DWP Disputes Team, Blackpool, letter of 4th Jan which said they had looked at all the information and decided the original decision dated 27 Oct 1995 is still correct. (This was after the original medical assessment carried out by a DWP doctor at her house. She was awarded Mobility high rate and care low rate for life and has stayed the same since).

Then it goes on to say

Care: “You are still not entitled to lowest rate from and including 30th Sept 1995”

“You are not entitled to lowest rate of care as you are over 65 and did not need enough help with personal care to satisfy the entitlement conditions before you were 65”.


Further on:

“Help with personal care
During the day
Day Attention

You need help to:

• get in and out of bed
• use a bath or shower
• dress and undress
• eat and drink
• manage your treatment and medication”

And:

“Day supervision:

You are not at risk of danger from dizzy spells or blackouts”


(When she actually is, and she sent a photo of her damaged face after falling).

“This means you are not entitled to any rate of care”





“Entitlement Summary

Mobility
High Rate indefinite from 30th September 1995

Care

Not entitled to any rate from 30th September 1995”

The following day, 9th Jan, she got another DWP Blackpool letter also dated 4th Jan which said they had looked at all the information.
“However we have not changed the decision. Your entitlement therefore remains unchanged”


She has asked me for advice but as I can’t understand what the DWP means, I don’t know where to start!
Last edit: 10 years 4 months ago by Gordon.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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10 years 4 months ago - 10 years 4 months ago #115623 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic DLA for life stopped - confusion
There are no life awards now, they were changed to 'indefinite awards' way back in 1992.

However, what you've written sounds like a typical 'cock-up' by the DLA Unit in Blackpool.

Your friend needs to contact the DWP Unit in Blackpool and ask for clarification on the recent notification.

This can be done by phoning 08457 123456 or by e-mailing them at : This email address is being protected from spambots. You need JavaScript enabled to view it.

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: 10 years 4 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law).
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10 years 4 months ago #115624 by Gordon
Replied by Gordon on topic DLA for life stopped - confusion
bendaw

Your friend needs to contact the DLA Unit, there should be a phone number on the letter they have received, I would also advise them to get face to face advice.

Where to get advice?

The letter is at odds with the award that you have been told that she had, it says that she was not entitled to the Care component following her assessment in 1995, implying that her award prior to her notifying the DWP was for the Mobility component only.

"Care: “You are still not entitled to lowest rate from and including 30th Sept 1995”

If she was not entitled to Lower Rate Care prior to her 65th birthday then she cannot be awarded it after her 65th birthday.

There are several potential issues that derive from this.

- whether she was paid Lower Rate Care on her previous award
- Whether she was entitled to Lower Rate Care on her previous award

until these are resolved she will not be able to progress anything in regard to her on-going claim.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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  • bendaw
  • Topic Author
10 years 3 months ago - 10 years 3 months ago #116642 by bendaw
Replied by bendaw on topic DLA for life stopped - result
Sent off MR request and not only was Care award reinstated it was enhanced to middle rate, which means she now qualifies for the full Pension Credit too.

It is a huge benefit to this lady (and a great relief to me).

Many thanks, it would not have been successful but for the information made available to B&W members in their Guides. The Forum contains some useful information also. Brilliant, thanks again.
Last edit: 10 years 3 months ago by bro58.

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  • bro58
10 years 3 months ago - 10 years 3 months ago #116645 by bro58
Replied by bro58 on topic DLA for life stopped - result

bendaw wrote: Sent off MR request and not only was Care award reinstated it was enhanced to middle rate, which means she now qualifies for the full Pension Credit too.

It is a huge benefit to this lady (and a great relief to me).

Many thanks, it would not have been successful but for the information made available to B&W members in their Guides. The Forum contains some useful information also. Brilliant, thanks again.


Hi b,

That is a really good result !!!!! :cheer:

Well done for helping this lady to attain the correct DLA award.

Thanks for the update, and for your kind comments regarding B&W.

bro58
Last edit: 10 years 3 months ago by bro58.

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