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DLA ending?

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5 years 3 months ago #224825 by buster21
DLA ending? was created by buster21
Hi Gordon

Hope you are doing well. Just a quick one. Friend is in receipt of Carer's Allowance and Income Support due to her caring for her son who is getting DLA.

However, the son's DLA ends in a couple of weeks. But she has put in a renewal claim which she is confident of being awarded for him. Unfortunately, it looks like the renewal claim for DLA will not be decided on before the old award runs out.

I understand if this indeed happens then Carer's Allowance will stop. As for Income Support, am I right in thinking that if they (DWP) try to stop that, she can argue for it to continue whilst she is still caring for over 35 hours a week for the boy and at the same time, having made a claim for DLA whilst waiting for a decision?

Hope this makes sense.

Buster

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5 years 3 months ago #224826 by sue2007rec
Replied by sue2007rec on topic DLA ending?
Hi Buster
The renewal period for DLA begins 20 weeks before the end date of the current award, the form is always sent out at this point (20 weeks before end date of award).

You do not have to send the forms back immediately, just as long as you get them back in time for them to review your award.

I have heard that decisions are made very quickly so hopefully this won't occur but if it does the rules for eligibility for IC is complicated
First can I ask how old the child is- a lone parent with a child under 5 could make her eligible
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5 years 3 months ago #224827 by Gordon
Replied by Gordon on topic DLA ending?
Buster

This appears to be covered by Chapter 20 of the Decision Makers Guide paragraphs 20116 onwards

assets.publishing.service.gov.uk/governm...e/721763/dmgch20.pdf

However, 20120 states this is for new claims only not a renewal, as far as I can see the Income Support is only payable for eight weeks.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 3 months ago #224828 by buster21
Replied by buster21 on topic DLA ending?
Hi Sue

The boy is 15. The mum sent in the new claim for DLA 7 weeks before the existing claim is due to end. The DWP have not yet made a decision on the new claim. Sadly, it now looks like the claim won't be awarded in time.

Another thought regarding Income Support; if her claim for this is stopped and then say a few weeks later the new claim for DLA is awarded and back paid - will the mum be able to make a rapid reclaim for DLA or will she be sing posted to the dreaded lobster pot of Universal Credit?

Many thanks.

Buster

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5 years 3 months ago #224829 by Gordon
Replied by Gordon on topic DLA ending?
Buster

It will depend on how the DWP view the re-claim, if they treat it as a new claim, which I think they will, then they will have to claim Universal Credit although they should be able to backdate it still.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 3 months ago #224830 by buster21
Replied by buster21 on topic DLA ending?
Hi
Sorry, I meant to say a rapid reclaim for Income Support - not DLA of course.

Buster

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