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No papers sent but ending DLA
- Gordon
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9 years 8 months ago - 9 years 8 months ago #139557 by Gordon
If he receives a Daily Living award and his wife can show that she has reasonably continued to provide the care then she should be able to back date a new claim for Carers Allowance to the same day as his PIP award.
If the DWP have admitted that they failed to send the DLA forms then they should have offered an opportunity for them to be completed and returned, unfortunately, they may hide behind the PIP legislation which allows them to invite someone to claim PIP at any time and for any reason.
They should consider making a formal complaint and involve their MP. See
Complaining to the DWP
Contacting your MP
The specific aim of PIP is to reduce the disability budget by 20% so the PIP criteria are, in general, a lot tougher to meet than the DLA ones they replace. See
www.benefitsandwork.co.uk/help-for-claimants/pip
Gordon
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Replied by Gordon on topic No papers sent but ending DLA
Valerie wrote: Further to my last post today, he is still on ESA in the support group ... but his wife has lost the carers for him along with the ending of the DLA ..they have admitted they didn't send him the renewal forms for his current DLA .
How does PIP criteria differ from DLA ??
Valerie
If he receives a Daily Living award and his wife can show that she has reasonably continued to provide the care then she should be able to back date a new claim for Carers Allowance to the same day as his PIP award.
If the DWP have admitted that they failed to send the DLA forms then they should have offered an opportunity for them to be completed and returned, unfortunately, they may hide behind the PIP legislation which allows them to invite someone to claim PIP at any time and for any reason.
They should consider making a formal complaint and involve their MP. See
Complaining to the DWP
Contacting your MP
The specific aim of PIP is to reduce the disability budget by 20% so the PIP criteria are, in general, a lot tougher to meet than the DLA ones they replace. See
www.benefitsandwork.co.uk/help-for-claimants/pip
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 8 months ago by Gordon.
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- Valerie
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9 years 6 months ago #142201 by Valerie
Replied by Valerie on topic No papers sent but ending DLA
Not sure what is happening now as they did actually pay him the DLA and his wife had the carers payment continued...but no letters to say if it was ok or anything at all!
Now yesterday (13th Oct) he got a letter out of the blue sending him for a medical ..miles away where he would need a train ...that is impossible for a number of reasons ...
His wife phoned them up and asked why and what is happening ...she was told he has to go for a medical and he is being treated as a new applicant for PIP .....daughter in law explained about the epilepsy and other things, how he is in the support group etc ....the fact that they admitted they forgot to send him re-newal papers and asked why this keeps happening ....dud they not get the forms from his doctor ...they said they had contacted Dr McBride but had no reply ...his wife said then they had not read the PIP forms which were completed and sent in, as the doctors name is clearly written down because Dr McBride had retired and the other doctor had been waiting for them to ask about David ...this morning David had a seizure half way down the stairs ...no broken bones etc ....but this is what happens almost every time they hassle him...I will go with him to the medical as I have always gone to them with him as well as the tribunals which were successful ....what on earth can we do now ....they told his wife that e erroneous on current DLA would be assessed for new application on PIP ...I didn't think that was true ?? Very grateful for any advice ......
Val ....
Now yesterday (13th Oct) he got a letter out of the blue sending him for a medical ..miles away where he would need a train ...that is impossible for a number of reasons ...
His wife phoned them up and asked why and what is happening ...she was told he has to go for a medical and he is being treated as a new applicant for PIP .....daughter in law explained about the epilepsy and other things, how he is in the support group etc ....the fact that they admitted they forgot to send him re-newal papers and asked why this keeps happening ....dud they not get the forms from his doctor ...they said they had contacted Dr McBride but had no reply ...his wife said then they had not read the PIP forms which were completed and sent in, as the doctors name is clearly written down because Dr McBride had retired and the other doctor had been waiting for them to ask about David ...this morning David had a seizure half way down the stairs ...no broken bones etc ....but this is what happens almost every time they hassle him...I will go with him to the medical as I have always gone to them with him as well as the tribunals which were successful ....what on earth can we do now ....they told his wife that e erroneous on current DLA would be assessed for new application on PIP ...I didn't think that was true ?? Very grateful for any advice ......
Val ....
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- Gordon
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9 years 6 months ago #142216 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic No papers sent but ending DLA
Valerie
It's not clear from your posts whether the PIP forms that were sent in include a letter written by the claimants GP explaining why they cannot attend at an assessment centre. If it did, then they need to contact the Assessment Provider (AP) to understand why they consider it insufficient for a home assessment.
If it did not include such a letter, then they need to get one and send it to the AP, I'm afraid the reality of the system is that the AP will make no significant effort to source one themselves.
Gordon
It's not clear from your posts whether the PIP forms that were sent in include a letter written by the claimants GP explaining why they cannot attend at an assessment centre. If it did, then they need to contact the Assessment Provider (AP) to understand why they consider it insufficient for a home assessment.
If it did not include such a letter, then they need to get one and send it to the AP, I'm afraid the reality of the system is that the AP will make no significant effort to source one themselves.
Gordon
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- Valerie
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9 years 6 months ago #142240 by Valerie
Replied by Valerie on topic No papers sent but ending DLA
His wife has been on the phone and they have now arranged one at a centre close by ...
But now there is more .....can't believe this, but his wife says he is still in the support group as he did have a letter in August explaining that, but now she has to attend work focusedinterviews within 26 weeks because the carers has been stopped which it hasn't !! and if she has to go then there is no-one to keep an eye on their little 3 year old and David cannot be left with her as seizures are erratic, so they will all have to go!! Do any of these departments know what each other is doing ??
We don't live near them by the way ...
Just one big mix up and worry ....no wonder so many genuine folk give up on these at the first hurdle ......
Val ....sorry if it seems like I am moaning but at my wits end with all this ....
But now there is more .....can't believe this, but his wife says he is still in the support group as he did have a letter in August explaining that, but now she has to attend work focusedinterviews within 26 weeks because the carers has been stopped which it hasn't !! and if she has to go then there is no-one to keep an eye on their little 3 year old and David cannot be left with her as seizures are erratic, so they will all have to go!! Do any of these departments know what each other is doing ??
We don't live near them by the way ...
Just one big mix up and worry ....no wonder so many genuine folk give up on these at the first hurdle ......
Val ....sorry if it seems like I am moaning but at my wits end with all this ....
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- foss27
9 years 6 months ago #142247 by foss27
Replied by foss27 on topic No papers sent but ending DLA
Hi Val
This does sound like a nightmare.... Good old DWP.
You need to tell them to send copies of the paperwork proving she is still on Carers and then think about a formal complaint for the shambles this sounds like.
This does sound like a nightmare.... Good old DWP.
You need to tell them to send copies of the paperwork proving she is still on Carers and then think about a formal complaint for the shambles this sounds like.
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- Gordon
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9 years 6 months ago #142256 by Gordon
I'm afraid the wife cannot be in receipt of Carers Allowance at the moment, there is no DLA claim as it has been ended (1 September?) and there has been no Decision on the PIP claim yet.
It should be possible to defer the appointment as she is "undertaking significant long term caring responsibilities that make the prospect of work, paid or unpaid, unlikely at the present time", this should allow time for a Decision on the PIP claim to be decided and hopefully a new claim for CA.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic No papers sent but ending DLA
Valerie wrote: His wife has been on the phone and they have now arranged one at a centre close by ...
But now there is more .....can't believe this, but his wife says he is still in the support group as he did have a letter in August explaining that, but now she has to attend work focusedinterviews within 26 weeks because the carers has been stopped which it hasn't !! and if she has to go then there is no-one to keep an eye on their little 3 year old and David cannot be left with her as seizures are erratic, so they will all have to go!! Do any of these departments know what each other is doing ??
We don't live near them by the way ...
Just one big mix up and worry ....no wonder so many genuine folk give up on these at the first hurdle ......
Val ....sorry if it seems like I am moaning but at my wits end with all this ....
I'm afraid the wife cannot be in receipt of Carers Allowance at the moment, there is no DLA claim as it has been ended (1 September?) and there has been no Decision on the PIP claim yet.
It should be possible to defer the appointment as she is "undertaking significant long term caring responsibilities that make the prospect of work, paid or unpaid, unlikely at the present time", this should allow time for a Decision on the PIP claim to be decided and hopefully a new claim for CA.
Gordon
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