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DLA Change of Circumstances questions.
- newcastle1949
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10 years 3 months ago - 10 years 3 months ago #116279 by newcastle1949
SWEETHEART
DLA Change of Circumstances questions. was created by newcastle1949
Hi Everyone,
Please bear with me as I am new to the forum today!!! after reading such fab reviews I thought instead of "Going it alone" I would seek some expert advice.
My husband has been on long term sick, transferred from IB to ESA (not without a fight) placed in the support group until he is 65 (end of this year) and has been receiving DLA for about 14 months, the mental problems he has, have a profound effect on his life, and recently (hence the change of circumstances), his night terrors have become much worse, so much so that he gets very agitated and angry and it can take some considerable time to calm him down, he does not currently get any night care included in the DLA (low rate mobility, middle rate care), so my questions which i hope you can help with are:
Once you have requested the change of circumstances (I have received the form) do I have to fill it in? (I only ask this as I have read such awful reviews that they can reduce your DLA, having looked at the claim again)
Do you know what the criteria is to meet night time care?
Do I have to fill in the complete form? or only the section that relates to night time care?
I am sure the answers to these questions are on the forum, however as I only joined a few hours ago I have not managed to navigate my was around the forum, so apologies. Many Thanks
Please bear with me as I am new to the forum today!!! after reading such fab reviews I thought instead of "Going it alone" I would seek some expert advice.
My husband has been on long term sick, transferred from IB to ESA (not without a fight) placed in the support group until he is 65 (end of this year) and has been receiving DLA for about 14 months, the mental problems he has, have a profound effect on his life, and recently (hence the change of circumstances), his night terrors have become much worse, so much so that he gets very agitated and angry and it can take some considerable time to calm him down, he does not currently get any night care included in the DLA (low rate mobility, middle rate care), so my questions which i hope you can help with are:
Once you have requested the change of circumstances (I have received the form) do I have to fill it in? (I only ask this as I have read such awful reviews that they can reduce your DLA, having looked at the claim again)
Do you know what the criteria is to meet night time care?
Do I have to fill in the complete form? or only the section that relates to night time care?
I am sure the answers to these questions are on the forum, however as I only joined a few hours ago I have not managed to navigate my was around the forum, so apologies. Many Thanks
SWEETHEART
Last edit: 10 years 3 months ago by Gordon.
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- Gordon
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10 years 3 months ago #116284 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA Change of Circumstances questions.
Sweetheart
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
To qualify for the Medium rate of Care for DLA you will need to show that your husband needs frequent attention during the night, usually in regard to a physical activity such as going to the toilet or taking medication, you may also be successful if he needs attention to prevent him harming himself.
Any Change of Circumstances will likely result in a full re-evaluation of his claim so you need to complete the form in detail and provide evidence to support the CofC.
Have a look at our DLA Claim guides for a more detailed explanation.
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaclaims
In principle it should be possible to withdraw a CofC, but there is a risk that having notified the DWP, they will now insist that the review goes ahead. If you do want to withdraw it then your best bet is to write to the DLA Unit and explain that after further investigation you now realise that he does not meet the criteria for a higher award. You are lucky that you have received DLA forms, if they had been for PIP, you would have been committed to the re-assessment.
If you have more questions, then please reply to this post and we will do our best to help you.
Gordon
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
To qualify for the Medium rate of Care for DLA you will need to show that your husband needs frequent attention during the night, usually in regard to a physical activity such as going to the toilet or taking medication, you may also be successful if he needs attention to prevent him harming himself.
Any Change of Circumstances will likely result in a full re-evaluation of his claim so you need to complete the form in detail and provide evidence to support the CofC.
Have a look at our DLA Claim guides for a more detailed explanation.
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaclaims
In principle it should be possible to withdraw a CofC, but there is a risk that having notified the DWP, they will now insist that the review goes ahead. If you do want to withdraw it then your best bet is to write to the DLA Unit and explain that after further investigation you now realise that he does not meet the criteria for a higher award. You are lucky that you have received DLA forms, if they had been for PIP, you would have been committed to the re-assessment.
If you have more questions, then please reply to this post and we will do our best to help you.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- newcastle1949
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10 years 3 months ago #116305 by newcastle1949
SWEETHEART
Replied by newcastle1949 on topic DLA Change of Circumstances questions.
Hi, and thanks Gordon
I will look at all of the links you posted and try and digest, I think as I have committed to the Change of Circumstances I should try and put it in to words of why I believe the additional care is needed, and how these night terrors affect him, part of the care is someone administering prescription medication to try and calm him down, any one on the forum who has experience of this and has put it down into words for a DLA claim then I would really appreciate some help with the wording required to complete the form.
Yes Gordon I think you are right as our postcode is not yet!! affected by PIP.
Many thanks
I will look at all of the links you posted and try and digest, I think as I have committed to the Change of Circumstances I should try and put it in to words of why I believe the additional care is needed, and how these night terrors affect him, part of the care is someone administering prescription medication to try and calm him down, any one on the forum who has experience of this and has put it down into words for a DLA claim then I would really appreciate some help with the wording required to complete the form.
Yes Gordon I think you are right as our postcode is not yet!! affected by PIP.
Many thanks
SWEETHEART
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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10 years 3 months ago #116322 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
To satisfy a night-time test you must need:
help with personal care at least twice a night, or once a night for at least 20 minutes; or
someone to check on you at least twice a night, or once a night for at least 20 minutes, to make sure that you are safe.
To satisfy the tests you have to show that it is reasonable for you to need personal care or for someone to check on you. You do not have to actually receive help with personal care or actually have someone who checks on you.
If no-one is helping you with personal care, you may be accepted as needing help if you have some difficulty coping with your personal care. And if no-one is checking on you, you may still be accepted as needing this if you or another person may be placed in danger without 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
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic DLA Change of Circumstances questions.
Do you know what the criteria is to meet night time care?
To satisfy a night-time test you must need:
help with personal care at least twice a night, or once a night for at least 20 minutes; or
someone to check on you at least twice a night, or once a night for at least 20 minutes, to make sure that you are safe.
To satisfy the tests you have to show that it is reasonable for you to need personal care or for someone to check on you. You do not have to actually receive help with personal care or actually have someone who checks on you.
If no-one is helping you with personal care, you may be accepted as needing help if you have some difficulty coping with your personal care. And if no-one is checking on you, you may still be accepted as needing this if you or another person may be placed in danger without 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
Please Log in or Create an account to join the conversation.
- newcastle1949
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10 years 3 months ago - 10 years 3 months ago #116444 by newcastle1949
SWEETHEART
Replied by newcastle1949 on topic DLA Change of Circumstances questions.
Hi Everyone
Well plodding my way through the DLA form!!!, can I ask, does anyone know, would it add any weight mentioning somewhere on the DLA for that my husband is currently in the SG of ESA, I know the criteria is different for DLA and ESA but I am sure that each department of the DWP are able to check who is receiving which benefit and ensuring that the claim is consistent.
Any help would be appreciated
I am also finding your fact sheets helpful thank you.
Best Wishes
Well plodding my way through the DLA form!!!, can I ask, does anyone know, would it add any weight mentioning somewhere on the DLA for that my husband is currently in the SG of ESA, I know the criteria is different for DLA and ESA but I am sure that each department of the DWP are able to check who is receiving which benefit and ensuring that the claim is consistent.
Any help would be appreciated
I am also finding your fact sheets helpful thank you.
Best Wishes
SWEETHEART
Last edit: 10 years 3 months ago by Gordon.
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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- Gordon
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10 years 3 months ago #116448 by Gordon
There should be no harm in you doing so, as you say, ESA and DLA are awarded for very different reasons, with the possible exception of the ESA Mobilising Descriptor which is more strict than the DLA equivalent, That said, being in the Support Group usually indicates a high level of disability and may of assistance with a DLA claim.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA Change of Circumstances questions.
Sweetheart wrote: Hi Everyone
Well plodding my way through the DLA form!!!, can I ask, does anyone know, would it add any weight mentioning somewhere on the DLA for that my husband is currently in the SG of ESA, I know the criteria is different for DLA and ESA but I am sure that each department of the DWP are able to check who is receiving which benefit and ensuring that the claim is consistent.
Any help would be appreciated
I am also finding your fact sheets helpful thank you.
Best Wishes
There should be no harm in you doing so, as you say, ESA and DLA are awarded for very different reasons, with the possible exception of the ESA Mobilising Descriptor which is more strict than the DLA equivalent, That said, being in the Support Group usually indicates a high level of disability and may of assistance with a DLA claim.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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