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CARE PART OF D L A CLAIM

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rosemary marshall
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10 years 9 months ago - 10 years 9 months ago #123716 by rosemary marshall

CARE PART OF D L A CLAIM was created by rosemary marshall

hi,my husband had been on higher rate of DLA for several years quite an ill man .He now has throat cancer and our life is a nightmare.we have been told he can claim for the care componant but ,are very worried that they may make him re-apply for DLA or PIPS,and then re asses him as we know the department for work and pensions are trying to stop everyones benefits and the criteria is very different now. .We already lost his ESA in may 2013 as didnt realise he was not in the support group as he had been assigned a support worker.waited 14 month for an appeal descision only to be told our appeal was 8 days late and so would not be heard.
Has anyone successfully received the care componant of DLA when already getting Higher rate of DLA without having to re-apply for the whole thing?
so frightening,
don't know what to do

Last edit: 10 years 9 months ago by slugsta.

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slugsta
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10 years 9 months ago #123719 by slugsta

Replied by slugsta on topic CARE PART OF D L A CLAIM

Hi R and welcome to the site. I'm sorry that you are here under such difficult circumstances.

On the assumption that you are also new to the site, this FAQ should help you find your way around.

Welcome to Benefits and Work

it appears that you might have used your real name as your username. If you wish to change this, in order to maintain an element of anonymity, you can do so easily by following the advice in this link.

My full name is showing, how can I stop it?

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You would need to notify DWP of a change in circumstances for your husband. Whether his DLA is reassessed or he would be 'invited' to apply for PIP would depend on your postcode. If you live in a PIP area you should have a look at our PIP guide to see what to expect.

PIP postcodes

PIP help for claimants

If not in a PIP area then your husband would be sent forms to reassess his needs. You can say that you only want the care element to be reconsidered, but DWP do have the right to look at both elements.

DLA renwewals and change of circumstances

I must ask what the prognosis is for your husband. If he is unfortunate enough to be expected to live for less than 6 months then his claim would be expedited and would automatically be awarded. This is one situation where I hope someone does not automatically qualify!

If you have further questions, please reply to this post and we will do our best to help.You will find it easily in future if you bookmark it, or make it a favourite, on your web browser now

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

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Rubyred

10 years 9 months ago #123720 by Rubyred

Replied by Rubyred on topic CARE PART OF D L A CLAIM

Hi, Im assuming you mean the higher rate of the mobility component and no care component.
I think if there is a change in circumstances you will have to re-apply and this will probably be a new claim for PIP.
Due to your husbands failing health and diagnosis he should have good medical back up regarding reports etc.
Any claims for any kind of benefit is hard enough when youre feeling not too good, you and your husband must be really feeling distraught at the prospect of more form fillling.
Good luck and dont forget the mountains of knowledge there is on the site and the people who can help and advice you.

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Gordon
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10 years 9 months ago #123722 by Gordon

Replied by Gordon on topic CARE PART OF D L A CLAIM

RM

Welcome to the forum

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?

The first thing you need to check is whether you live in an active PIP area, if you do then any request to have your husbands current DLA award to be looked at will most likely result in an invitation for him to claim PIP. Once an invitation has been issued your husband cannot retain his DLA in the long term, whether he opts to claim PIP or not. The following show which areas are active for PIP.

www.gov.uk/government/publications/pip-postcode-map-uk

Obviously a claim for PIP will cover both Care and Mobility

If you are not in a PIP area the a request should result in a set of DLA re-assessment forms being sent. You can in principle ask for just the Care component to be looked but the DWP are not obliged to observe this and can extend the re-assessment to the Mobility area as well.

Factors that may influence their view of this are how long since he was last assessed and potentially what was said in his last ESA assessment report.

If you go down this route then I would suggest you strike out the Mobility section of the DLA form as "no change", but be prepared for the DWP to ask you to complete it.

Have a look at our DLA and PIP Claim guides for details of the qualifying criteria for each benefit

www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaclaims

www.benefitsandwork.co.uk/help-for-claimants/pip

With regard your husbands ESA.

I assume that he was receiving Contribution Based ESA in the WRAG (was he a transfer from IB?) and his payments were time limited to 365 days.

This being the case you can ask that he be re-assessed due to a deteriorated condition and if he is placed in the Support Group then his payments will be re-instated. If he is receiving chemotherapy or radiotherapy for his cancer then he should qualify for the SG automatically.

Write to the ESA office that dealt with his claim with the request and if he is receiving the above treatments, it may take some months to be processed, but you should not have to wait as long as those making a new claim.

If we can help more, then please reply to this post.

Gordon

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

The following user(s) said Thank You: slugsta, rosemary marshall

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