- Posts: 51284
× Members
Change of circumstances notification
- DA0
- Topic Author
10 years 5 months ago - 10 years 5 months ago #126611 by DA0
Change of circumstances notification was created by DA0
Hi,
I have MS, a variable condition. Gov.uk says:
Change of circumstances
You must contact the Disability Benefits helpline if your circumstances change, as this can affect how much Disability Living Allowance (DLA) you get. For example:
the level of help you need or your condition changes
you go into hospital or a care home for more than 4 weeks
you go abroad for more than 13 weeks
you’re imprisoned or held in detention
Sticking just with my health, is it fair for me to apply the same criteria to a change in my condition that the DWP do upon claiming DLA (now PIP), which is, I believe:
The condition has existed for 3 months prior to the claim and is expected to persist for at least another 9 months.
I have day to day fluctuations and realise this would be absurd to report, but IF my condition improved (we can all hope), just how long would be reasonable period of improvement have to last, for it to be notifiable.
The same question also applies if I get worse, which frankly is more likely.
I have MS, a variable condition. Gov.uk says:
Change of circumstances
You must contact the Disability Benefits helpline if your circumstances change, as this can affect how much Disability Living Allowance (DLA) you get. For example:
the level of help you need or your condition changes
you go into hospital or a care home for more than 4 weeks
you go abroad for more than 13 weeks
you’re imprisoned or held in detention
Sticking just with my health, is it fair for me to apply the same criteria to a change in my condition that the DWP do upon claiming DLA (now PIP), which is, I believe:
The condition has existed for 3 months prior to the claim and is expected to persist for at least another 9 months.
I have day to day fluctuations and realise this would be absurd to report, but IF my condition improved (we can all hope), just how long would be reasonable period of improvement have to last, for it to be notifiable.
The same question also applies if I get worse, which frankly is more likely.
Last edit: 10 years 5 months ago by . Reason: Tick.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
10 years 5 months ago #126618 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Change of circumstances notification
DA0
The rules regarding a Change of Circumstances are very woolly so it will be impossible to give you a clear unequivocal answer.
The DWP are far more interested in changes where the claimants condition has improved (no surprise), than they are about ones where the claimants have deteriorated.
I am going to use the word "reasonable" a lot, the DWP will have a view of what is reasonable or not, you need to try and match your view to theirs in order to decide whether you need to tell them or not.
So first of all, there has to be a reasonable expectation that the change would result in a change of award, so for example changing your medicine for another where there would be no change to the therapeutic value should not need to be reported, however, having an operation that should result in an improvement, even if does not, probably should.
I am afraid that the DWP are unlikely to accept that the forward test should be applied (6 months for DLA and 9 for PIP), however that does not mean that you need to notify them immediately of a change, it should be reasonable for you to only do this one it is clear that the change has resulted in a permanent improvement or deterioration.
One further thing that DLA claimants should be aware of is that reporting a Change of Circumstances when you are in an active PIP postcode will result in an invitation to claim PIP, once an invitation has been issued there is no turning back as you will be committed to moving to PIP.
There is a guide covering this subject in the DLA area of the members only area.
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlachanges
Gordon
The rules regarding a Change of Circumstances are very woolly so it will be impossible to give you a clear unequivocal answer.
The DWP are far more interested in changes where the claimants condition has improved (no surprise), than they are about ones where the claimants have deteriorated.
I am going to use the word "reasonable" a lot, the DWP will have a view of what is reasonable or not, you need to try and match your view to theirs in order to decide whether you need to tell them or not.
So first of all, there has to be a reasonable expectation that the change would result in a change of award, so for example changing your medicine for another where there would be no change to the therapeutic value should not need to be reported, however, having an operation that should result in an improvement, even if does not, probably should.
I am afraid that the DWP are unlikely to accept that the forward test should be applied (6 months for DLA and 9 for PIP), however that does not mean that you need to notify them immediately of a change, it should be reasonable for you to only do this one it is clear that the change has resulted in a permanent improvement or deterioration.
One further thing that DLA claimants should be aware of is that reporting a Change of Circumstances when you are in an active PIP postcode will result in an invitation to claim PIP, once an invitation has been issued there is no turning back as you will be committed to moving to PIP.
There is a guide covering this subject in the DLA area of the members only area.
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlachanges
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: DA0
Please Log in or Create an account to join the conversation.
Moderators: , Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David