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8 years 11 months ago - 8 years 11 months ago #137925 by shandy
change of circumstance was created by shandy
Hi, I have terminal cancer, I am in the support group of ESA and I get high mobility and high care in DLA. My question is, I will be having a knee replacement soon and wandered if I had to report a change of circumstance as my claims are due to the terminal cancer, even though I had reported that I had osteoartritus in my knee and spine.

thanks
shandy
Last edit: 8 years 11 months ago by bro58.

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  • bro58
8 years 11 months ago - 8 years 11 months ago #137927 by bro58
Replied by bro58 on topic change of circumstance

shandy wrote: Hi, I have terminal cancer, I am in the support group of ESA and I get high mobility and high care in DLA. My question is, I will be having a knee replacement soon and wandered if I had to report a change of circumstance as my claims are due to the terminal cancer, even though I had reported that I had osteoartritus in my knee and spine.

thanks
shandy


Hi s,

I am really sorry to hear of your Terminal Cancer !! :(

It depends !!!

Were your DLA and ESA awards made specifically due to your Terminal Cancer ?

Where the awards made under "Special Rules" using a DS1500 Form ?

Further information on a DS1500 can been see on page 9, @ 2.6, of : This Document.

See also : CAB Advice "Special Rules".

If your DLA & ESA were awarded using a DS1500 under "Special Rules" you should not have to do anything.

Even if your DLA and ESA Awards were not made under "Special Rules", you would only have to report a Change of Circumstances (C of C) if the "knee replacement" eradicates or diminishes/lessens the limitations that gave you the DLA and ESA awards to such an extent that you no longer qualified for the level of awards that you are currently receiving.

When you have had the operation, it is not a "given" that it will be successful in diminishing your limitations as mentioned above, in fact, in the convalescent stage, they could be worse.

If you look at it logically, you may not know the full outcome of the operation until some time after.

If you have had previous contact with : MacMillan you could re-contact them for further advice, they do have Welfare Rights Advisers for Cancer sufferers.

Remember, if you do have to report a C of C to DLA, this will result in you being reviewed under PIP Criteria : PIP Timetable.

I hope the operation goes well !

Good luck and please keep us updated !! :)

bro58
Last edit: 8 years 11 months ago by bro58.

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