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DLA - INDEFINITE AWARDS

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10 years 7 months ago - 10 years 7 months ago #110928 by Bax
DLA - INDEFINITE AWARDS was created by Bax
Hi

My wife has an indefinite award of DLA so will not be assessed for PIP until 2015 at the earliest or 2018 latest.
Her eyesight has deteriorated since we first applied for DLA many years ago as well as her arthritic condition which was`nt even diagnosed at that time.
I`am left wondering whether it would be prudent to apply for a change in circumstance having done a recent self assessment for PIP on her behalf from your guides pages?
Last edit: 10 years 7 months ago by Gordon.

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10 years 7 months ago #110929 by Gordon
Replied by Gordon on topic DLA - INDEFINITE AWARDS

Bax wrote: Hi

My wife has an indefinite award of DLA so will not be assessed for PIP until 2015 at the earliest or 2018 latest.
Her eyesight has deteriorated since we first applied for DLA many years ago as well as her arthritic condition which was`nt even diagnosed at that time.
I`am left wondering whether it would be prudent to apply for a change in circumstance having done a recent self assessment for PIP on her behalf from your guides pages?


Without knowing what her current award is it impossible to offer any advice, any notification of a Change of Circumstances made before 28 October should result in a DLA re-assessment, on or after the 28th, most likely a transfer to PIP.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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10 years 7 months ago - 10 years 7 months ago #110940 by Bax
Replied by Bax on topic DLA - INDEFINITE AWARDS
Hi Gordon,

She has been on lower rate mobility middle rate care for DLA from when we first applied many years back. I should have been in touch with them before now, but withdraw from such things naturally.
I am likely to be increasing my caring duties from our son and daughter who will be starting advanced education in the near future however which will mean I will need to reduce my working hours.
All sources of income will therefor need to be explored as a matter of course.
Last edit: 10 years 7 months ago by Gordon.

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10 years 7 months ago #110943 by Gordon
Replied by Gordon on topic DLA - INDEFINITE AWARDS

Bax wrote: Hi Gordon,

She has been on lower rate mobility middle rate care for DLA from when we first applied many years back. I should have been in touch with them before now, but withdraw from such things naturally.
I am likely to be increasing my caring duties from our son and daughter who will be starting advanced education in the near future however which will mean I will need to reduce my working hours.
All sources of income will therefor need to be explored as a matter of course.


Thanks for the update.

So, in very general terms, to meet the requirements for Higher Rate Care you will need to show that she now has care needs both day and night, rather than the current day or night, so if her the care needs she currently has within the day or night have increased, this will not count.

Lower Rate Mobility is awarded because the claimant is unable to go out or requires supervision when they go out due to mental health issues. Higher Rate Mobility is awarded because the claimant has physical problems that prevent or limit their ability to walk. There is no specified distance (as with ESA), but is usually taken as being 50m, however, other aspects of her walking must also be considered in addition to distance; speed, manner of walking, whether she stumbles or falls should also be looked at.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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10 years 7 months ago - 10 years 7 months ago #110980 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic DLA - INDEFINITE AWARDS
As Gordon has rightly said,even if a current claimant who has an indefinite DLA award, then a report of 'change of circumstances' may in my opinion, lead to their DLA claim being treated as a claim for Personal Independence Payment (PIP)

You need to to seek 'face to face' advice from a benefits adviser who can gain access to your wife's DWP files and her medical records if necessary. Something that we as moderators cannot do.

The easiest way to find a benefits adviser is to use 'Google' and search for benefits advisers in your area, by using your post code or town/city in which you reside and seek advice definitive advice from them.

Good luck.

Jim
retired Welfare Rights Lawyer
former Social Security Tribunal Member ( 1996 to 2006)

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
Last edit: 10 years 7 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law). Reason: Added information.

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10 years 7 months ago - 10 years 7 months ago #111119 by Bax
Replied by Bax on topic DLA - INDEFINITE AWARDS
Hi

Thanks for the advice.

On reflection, If my wife`s change of circumstances declaration is to be treated as a claim for PIP then so be it.
With DLA being `put out to grass` so to speak, being assessed for PIP early doors will only mean that she would not need to be `called` to claim that particular benefit at a much later date.
Anytime between 2015 -2018 in her case.
I understand that preliminary claims /decisions for PIP have been delayed for whatever reasons?
This is a concern as there is virtually no case history to go on.
Having said that, my own opinion (rightly or wrongly) is that the more info DWP accumulate on any benefit reform/replacement leads to an eventual hardening of the qualification criteria.
As a result. my wife may be in `guinea pig` territory, if her claim is indeed to be assessed as a PIP claim after October 28th 2013, however she may be playing in an astutely amended DWP field in say 2017.
That aside, I would like to ask if and when it would be best to give up my current full time employment to take up permanent caring duties again for my wife. I gave up my previous employ in 1995 and was my wife`s carer for 13 years as our kids grew up. I returned to work a few years back when they were of a better age to help.
Basically, I need to know if It is a requirement that you need to be caring for a minimum 35 hrs a week before declare a cha
Last edit: 10 years 7 months ago by Gordon.

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