- Posts: 9
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- Severe Disability Premium and living alone
× Members
Severe Disability Premium and living alone
- suicidalgoldfish
- Topic Author
- Offline
Less More
4 years 2 months ago #244031 by suicidalgoldfish
Severe Disability Premium and living alone was created by suicidalgoldfish
Could someone please tell me if AA is a qualifying benefit in order for a person to not be a non dependant? I am trying to find a way of getting through the DLA to PIP financial nightmare and might have to move in with my mother while I appeal, but not sure if I'd then lose my SDP. Haven't had the decision yet and know it's tied to the care element but I'm trying to make contingency plans. Do they continue paying DLA while you appeal? just to MR or all the way to tribunal? or does it change to what, if any PIP you are awarded?
I can't read any more decision maker's guides - my brain hurts and it's taken a fortnight to get over the assessment.
Only other possibility seems to involve becoming a co-owner with a gift deed, but as there's a mortgage I'm not sure if that's possible.
I should also mention that I've no siblings, my mum's 93 and she really needs someone there anyway.
Any possible help, advice or info
I would be so so grateful
I can't read any more decision maker's guides - my brain hurts and it's taken a fortnight to get over the assessment.
Only other possibility seems to involve becoming a co-owner with a gift deed, but as there's a mortgage I'm not sure if that's possible.
I should also mention that I've no siblings, my mum's 93 and she really needs someone there anyway.
Any possible help, advice or info
I would be so so grateful
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 7273
4 years 2 months ago #244056 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Severe Disability Premium and living alone
Hi suicidalgoldfish
You have raised a number of questions so let me try and answer each one:
1) Exemptions from non-dependant deductions
People with disabilities
No deduction is made from your housing benefit for a non-dependant if you or your partner receive:
- the care component of disability living allowance (DLA)
- attendance allowance
- the daily living component of personal independence payment (PIP)
- armed forces independence payment
There are also no deductions if you or your partner are registered blind or have regained your sight in the past 28 weeks.
2) PIP was engineered to be a more difficult to award than DLA, many DLA claimants will receive vastly reduced awards or even no award at all on transfer.
DLA looks at generic care needs in regard to bodily functions, PIP looks at the claimants specific ability to carry out an activity such as eating. DLA was awarded because the claimant needed an amount of care (in time) during the day, the night of both, to help them with that bodily function. PIP looks at the claimant's ability to complete specific tasks within the activity and is points-based, these are clearly defined and it is easy not to score points because the claimant has not shown that they meet those specific criteria.
DLA treated the use of aids as a reason to reduce the amount of care needed, PIP treats aids as an indication of disability and in general they score extra points.
DLA's care need was reasonably generic, PIP treats prompting, assistance and supervision as different activities and as a result, they can score different points.
DLA required that the care was required for the majority of the time, for PIP it is the majority of days.
For PIP activities must be completed reliably, this means
• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.
Although DLA considers these terms, they are poorly defined as they are implemented through Case Law rather than being defined in the legislation as they are for PIP.
Referring to any more recent evidence you have is more useful.
3) DLA/PIP payments will stop once an adverse decision has been made by a decision maker. DWP do not continue payments whilst you apply for a MR or an appeal.
4) I have no knowledge about you becoming a co-owner with a gift and is beyond the scope of this forum, I would advise you to seek specialist advice.
If your mother is in receipt of AA and if you were eligible for DL component of PIP then you both may be eligible to claim SDP if you are in receipt of ESA and your mother claimed PC. Contact your local welfare rights unit to maximise both your incomes.
Gary
You have raised a number of questions so let me try and answer each one:
1) Exemptions from non-dependant deductions
People with disabilities
No deduction is made from your housing benefit for a non-dependant if you or your partner receive:
- the care component of disability living allowance (DLA)
- attendance allowance
- the daily living component of personal independence payment (PIP)
- armed forces independence payment
There are also no deductions if you or your partner are registered blind or have regained your sight in the past 28 weeks.
2) PIP was engineered to be a more difficult to award than DLA, many DLA claimants will receive vastly reduced awards or even no award at all on transfer.
DLA looks at generic care needs in regard to bodily functions, PIP looks at the claimants specific ability to carry out an activity such as eating. DLA was awarded because the claimant needed an amount of care (in time) during the day, the night of both, to help them with that bodily function. PIP looks at the claimant's ability to complete specific tasks within the activity and is points-based, these are clearly defined and it is easy not to score points because the claimant has not shown that they meet those specific criteria.
DLA treated the use of aids as a reason to reduce the amount of care needed, PIP treats aids as an indication of disability and in general they score extra points.
DLA's care need was reasonably generic, PIP treats prompting, assistance and supervision as different activities and as a result, they can score different points.
DLA required that the care was required for the majority of the time, for PIP it is the majority of days.
For PIP activities must be completed reliably, this means
• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.
Although DLA considers these terms, they are poorly defined as they are implemented through Case Law rather than being defined in the legislation as they are for PIP.
Referring to any more recent evidence you have is more useful.
3) DLA/PIP payments will stop once an adverse decision has been made by a decision maker. DWP do not continue payments whilst you apply for a MR or an appeal.
4) I have no knowledge about you becoming a co-owner with a gift and is beyond the scope of this forum, I would advise you to seek specialist advice.
If your mother is in receipt of AA and if you were eligible for DL component of PIP then you both may be eligible to claim SDP if you are in receipt of ESA and your mother claimed PC. Contact your local welfare rights unit to maximise both your incomes.
Gary
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.
- suicidalgoldfish
- Topic Author
- Offline
Less More
- Posts: 9
4 years 2 months ago #244095 by suicidalgoldfish
Replied by suicidalgoldfish on topic Severe Disability Premium and living alone
Thank you so much for taking so much time to answer,
I thought maybe other people might be interested in what's happened to get me here. I've read other accounts for years and it's time to give back as I think the modern phrase is.
Please move this if it's in the wrong place.
I was 64 Sept 23 and have ESA lcwra with SDP, DLA mc hm (for life) plus HB and CT.
Sept 30. Received the PIP form. Felt sick even though I knew it would happen. Thought I could do one question per day so just over two weeks?
Oct 30. I've now spent weeks drafting my answers using your guides, digging up all my medical evidence and old applications for DLA ESA etc and feel I have done as well as I can covering all the descriptors as they apply to me. But it's still in draft form - phoned and asked for extention. Triple checked everything and put pen to paper.
Still takes 10 days to fill in.
Nov 12 Copied the lot and posted recorded delivery
Dec 6. Had a text with an appointment for a home visit on Dec13 (it wasn't requested -because I won't open the front door)
Telephoned explaining the issue, while thanking them for the offer -because I've read how hard it is to get one - told they would reschedule at a center close to me
Dec 24. 11am text with an appointment for a home visit on Dec 30 getting really anxious now because they were shut for Xmas so not so polite
Jan 6. text with appt Cardiff 9.30
Jan 13 The one center I'd not asked for. My friend had agreed to drive me and she lives half way between there and me and it's a good 1.5 hrs without the morning commute. Phoned asking for a new app at a different centre.
Jan 15 Bought a key fob recording device from Amazon. This is just for me, I will ask for a copy of the assessment but as I can't remember conversations it wont be much use in challenging the decision and I'm too embarrassed to have anyone with me.
Jan 20. Text appt Swansea 10.40 Jan 27
Jan 25 + 26 In bed but have to go to the bathroom every half hour Take max dose of diarrhea pills and a sleeping tablet. Feel awful
Jan 27. We leave 10am for a 20min drive but due to an accident we arrive 10.52 and I'm told I'll have to come back. In tears.
Jan 28. Leave at 9.30 and still only just make it. Feel resigned that I'll be refused and have to appeal. Don't know what the woman I saw was, not a Dr as she couldn't pronounce some of my medical "issues". She just seemed focused, aloof, not very friendly - so I'll have to wait and see.
In the meantime I'm trying to work out the worst case scenario.
If I lose either care or mobility I will have to move.
Even if I get them at the standard rate as I can't really afford my home anyway which was why I am thinking of moving to my mother's. If I lose the care I will lose my SDP anyway.
Which has brought us full circle to my question and your wonderful answer.
Thank you so much, Helen
I thought maybe other people might be interested in what's happened to get me here. I've read other accounts for years and it's time to give back as I think the modern phrase is.
Please move this if it's in the wrong place.
I was 64 Sept 23 and have ESA lcwra with SDP, DLA mc hm (for life) plus HB and CT.
Sept 30. Received the PIP form. Felt sick even though I knew it would happen. Thought I could do one question per day so just over two weeks?
Oct 30. I've now spent weeks drafting my answers using your guides, digging up all my medical evidence and old applications for DLA ESA etc and feel I have done as well as I can covering all the descriptors as they apply to me. But it's still in draft form - phoned and asked for extention. Triple checked everything and put pen to paper.
Still takes 10 days to fill in.
Nov 12 Copied the lot and posted recorded delivery
Dec 6. Had a text with an appointment for a home visit on Dec13 (it wasn't requested -because I won't open the front door)
Telephoned explaining the issue, while thanking them for the offer -because I've read how hard it is to get one - told they would reschedule at a center close to me
Dec 24. 11am text with an appointment for a home visit on Dec 30 getting really anxious now because they were shut for Xmas so not so polite
Jan 6. text with appt Cardiff 9.30
Jan 13 The one center I'd not asked for. My friend had agreed to drive me and she lives half way between there and me and it's a good 1.5 hrs without the morning commute. Phoned asking for a new app at a different centre.
Jan 15 Bought a key fob recording device from Amazon. This is just for me, I will ask for a copy of the assessment but as I can't remember conversations it wont be much use in challenging the decision and I'm too embarrassed to have anyone with me.
Jan 20. Text appt Swansea 10.40 Jan 27
Jan 25 + 26 In bed but have to go to the bathroom every half hour Take max dose of diarrhea pills and a sleeping tablet. Feel awful
Jan 27. We leave 10am for a 20min drive but due to an accident we arrive 10.52 and I'm told I'll have to come back. In tears.
Jan 28. Leave at 9.30 and still only just make it. Feel resigned that I'll be refused and have to appeal. Don't know what the woman I saw was, not a Dr as she couldn't pronounce some of my medical "issues". She just seemed focused, aloof, not very friendly - so I'll have to wait and see.
In the meantime I'm trying to work out the worst case scenario.
If I lose either care or mobility I will have to move.
Even if I get them at the standard rate as I can't really afford my home anyway which was why I am thinking of moving to my mother's. If I lose the care I will lose my SDP anyway.
Which has brought us full circle to my question and your wonderful answer.
Thank you so much, Helen
The following user(s) said Thank You: BIS
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris