appeal dla & carers allowance

I am appealing re the loss of my dla. HRM & LRC.

I am back in hospital in two weeks time for an operation that will render me unable to walk or care for myself again. My legs will be in plaster for four months with a metal brace and have been told not to move whilst this is on.

When this was planned my husband was going to apply for carers allowance and stop work to care for me. Because I have lost the dla this is no longer possible. He will now have to care for me unpaid. I work and therefore he cannot claim other benefit in his own right as I earn too much for eligibility, until I reach the half pay sick period at 6months. We know this from the last operation.
I don’t want to sound greedy but the loss of a whole wage for at least 6months will be a big blow, I don’t earn that much but too much for him to claim by a fiver.

I am waiting for my tribunal date.

My circumstances will have changed dramatically when I get to tribunal, do they take into consideration the loss of the claim for carers allowance and change in circumstances from the date of the operation if they reaward me. DWP know about the operation but don’t know we would have claimed the carers allowance.

(I understand the appeal is focusing on the condition I was in at the time of loss, but its affect means future losses which would not have occurred if I was in receipt of the dla at the time, I argue that my condition was bad enough to warrant this operation and is part of the original claim and ongoing situation of my illness.)

CAB originally told me not to put in a new claim wait for the decision and DWP told me to put in a new claim post op after 3 months.(will this mean disregard the carers allowance?) Time is drawing near now and im not sure what to do. Do I just wait for the tribunal?

I have used the search here but cant find the answer. I think the conflicting advice from CAB and DWP has stopped me doing anything, but caused me to worry.

Hi Martha,

I'm afraid we cannot give advice on individual claims. See FAQ

You need to seek 'face to face' advice from a benefits adviser. If your local CAB cannot help then try Community Legal Advice who can advise you on local advisers in your area.

Good luck.

Jim