DLA reassessment

I submitted my DLA forms for renewal just a couple of weeks ago. The brown envelope landed on the mat this morning. I have retained my HRM but care has gone from mid to low rate, for 5 years.

I half expected the drop in care rate as I have now got some aids and adaptations that make things easier for me. I would also have to let them know that I have had a walk-in shower fitted, and that has further reduced my need for care, so I think I am going to leave well alone as I am probably on the borderline for MRC. Will have to discuss with Mr H first as the drop in income is significant now that I am no longer earning.

My previous award ran until August 2013 and I note that the new rate does not start until then, so no penalty for getting the forms in early

Mrs Hurtyback wrote: I submitted my DLA forms for renewal just a couple of weeks ago. The brown envelope landed on the mat this morning. I have retained my HRM but care has gone from mid to low rate, for 5 years.

I half expected the drop in care rate as I have now got some aids and adaptations that make things easier for me. I would also have to let them know that I have had a walk-in shower fitted, and that has further reduced my need for care, so I think I am going to leave well alone as I am probably on the borderline for MRC. Will have to discuss with Mr H first as the drop in income is significant now that I am no longer earning.

My previous award ran until August 2013 and I note that the new rate does not start until then, so no penalty for getting the forms in early

Hi MHB,

Good, (and some bad) News !!!

I am sure that you will make the right decision on whether to appeal the reduction in "Care".

bro58

You will rpobably remember that I thought I would leave well alone with my ESA claim and then successfully appealed, so I may yet change my mind!

Hi Gordon,

I'm sorry to disagree, but there is a clear distinction in the legislation for care needs.

From my Sweet & Maxwell's Legislation on Care Needs under the Social Security Act 1992 :


The Care Component

21
There are three rates of this component - lowest, middle and highest.
22
Lowest Rate (£18.65 per week): This is for a person who either:

requires attention from another person in connection with bodily function for a significant portion of the day, whether during a single period or a number of periods;
or,

cannot prepare a cooked main meal for himself if he has the ingredients (if 16 years of age or over).
23
Middle Rate (£47.10 per week): Entitlement can be based on fulfilment of either day or night conditions.
24
Day conditions for the middle rate are satisfied if the claimant has ‘attention’ or ‘supervision’ needs of the appropriate extent.
25
Daytime ‘attention’ needs are established when the claimant requires frequent attention throughout the day from another person in connection with bodily functions throughout the day.
26
Daytime ‘supervision’ needs are established when the claimant requires continual supervision throughout the day from another person to avoid substantial danger to himself or others.
27
A claimant cannot qualify for the middle rate of care by combining some daytime attention needs with some daytime supervision needs.
28
Night conditions for the middle rate are satisfied if the claimant shows either that:

at night, he requires from another person prolonged or repeated attention in connection with bodily functions;
or,

at night, requires another person to be awake for a prolonged period, or at frequent intervals, to watch over him to avoid substantial danger to himself or others.
29
Highest Rate (£70.35 per week): This rate is payable to a claimant who has needs during the day and night such that he satisfies one of the daytime middle rate conditions and one night time condition.
30
The permutations:

day attention + night attention

day attention + night watching over

day supervision + night attention

day supervision + night watching over
31
Satisfaction of the lowest rate of care plus night needs does not lead to any extra benefit. The claimant will only be entitled to the higher of the two rates, viz. the middle rate based on night needs only.
The terminology
32
A disabled person’s condition may vary over time, with good days and bad days. It is therefore a matter of judgment whether the claimant satisfies the conditions throughout the period. There is no arithmetical formula, and a broad view must be taken.
33
Requires: ‘Requires’ means ‘reasonably requires’. A claimant may be getting a great deal of attention from family, friends or carers, but looked at objectively, may not reasonably need it because simple aids and devices may be available to enable him to manage independently. Alternatively, a claimant may not be getting any assistance at all (perhaps because he lives alone), but looked at objectively, may reasonably require it. However, a person who is managing at home on his own may have developed coping strategies, adapted to his disabilities or acquired aids and equipment such that he does not reasonably require help.
34
Day and night: ‘Day’ does not refer to a period of 24 hours. It means the period in which, in accordance with the domestic routine of the household, the household becomes active in the morning until it closes down for the night. As a generality, night is measured from the time the household closes down for the night.
35
Significant portion of the day: There is no arithmetical approach to deciding what is significant.
36
Cannot prepare a main meal for himself: The ‘main meal’ or ‘cooking’ test is gauged against the tasks involved in making a meal for oneself. It is irrelevant that the claimant cannot or would not cook. The test presupposes that the ingredients, suitably sized pots, pans and plates plus a range of ordinary or commonly available utensils are already conveniently located in the kitchen.
37
The main meal contemplated is reasonably labour intensive, made with freshly prepared ingredients on a traditional cooker. It can be prepared on the hob. There is no requirement that the claimant can use an oven. An ability to cut, chop, peel, stand and sit while preparing and cooking, use a pot/pan safely and remove food from the pan (using a slotted spoon, if necessary) are plainly relevant.
38
The use of a microwave as a cooking tool may be considered, so long as it is used to prepare a fresh meal and not just to heat up pre-packed convenience foods. The ability to use a microwave may, in itself, indicate sufficient levels of dexterity, agility and concentration from which to infer that the claimant could prepare his meal in a more traditional way. Other activities in which the claimant engages may enable the decision maker to make similar inferences.
39
Attention: This imports service of a close and intimate nature carried out in the presence of the disabled person. Where there is a problem of faecal or bladder incontinence, attention may include help with the immediate aftermath of an accident including helping the claimant to wash himself, change his clothes and bed linen and other essential cleaning up.
40
It is now beyond question that attention in connection with seeing (for the blind) and hearing (including communication, for the deaf) constitutes attention close and personal enough to count for the purposes of benefit.
41
Bodily functions: ‘Bodily functions’ connote the action of any organ or set of organs of the body, and include the operation of the senses. Non-technically, these are activities associated with personal care all of which a person who is not suffering from any disability does for himself. They do not include cleaning or shopping, as such are things normally done by one member of the household for the others.
42
Prompting and encouragement required to spur a disabled person to attend to his own bodily functions care may count towards attention needs. The level of the prompting/encouragement given, and whether they are reasonably required and stem from the disability, will obviously be crucial questions.
43
Supervision: Supervision is a more passive concept than attention, such as being in the same room with the disabled person and prepared to intervene if necessary, but not actually intervening save in an emergency. The supervisor must have a physical presence. It cannot be provided by telephone.
44
‘Continually’ is not the same as ‘continuously’. The supervisor may be able to leave the claimant for short periods during which there will be no likelihood of danger, for example, leaving a person prone to falling sitting in an armchair for a short while, while the supervisor goes out on a quick errand.
45
To prevent substantial danger to oneself or others: This underlines the stringency of the test. If the claimant himself could take reasonable steps to eliminate a substantial danger,
no supervision will be required. Where a person suffers falls in unpredictable situations, the question of whether supervision is required is acute.
46
Night needs: prolonged or repeated attention: The test is broad brush, and there is no inflexible benchmark in determining whether the criteria are met – all the circumstances must be considered.
47
Watching over – This test requires another person to be awake for a prolonged period or at frequent intervals for the purpose of watching over the claimant.