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Could this be classed as a change in circumstance

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11 years 7 months ago - 11 years 7 months ago #112460 by spasm
Hi guys,

About 2 months ago my husband was assessed by the Social Services and awarded some support for himself and my self – his wife, was also awarded some support.

I, as his wife have been awarded 3 hours a week, with the option of more hours if needed for respite where somebody comes to sit with my husband so that I can have some time for myself, to do whatever I want. This is set in place now and has been for the last 2 months.

My husband has been provided with a PA “Personal assistant” for 3 hours a week on top of this (set up two months ago but has not yet started) so he can go out to socialize. We have now found a suitable candidate to take my husband out, however not all the paper work has been finalized, i.e. police checks, which we will not be having on the person, but we have to sign a piece of paper to say we do not want this. This will be signed on the 29th Oct.

My question is - could the DWP class this as a change of circumstances and make my husband have to start to claim PIP now, instead of the DLA indefinite award he has at the moment? Or is it not classed as a change of circumstances as this is through the Social Services? Is there a link between the Social Services and the DWP? we don’t think there is but we just want to double check we have our facts straight.

I did ask the social worker if this would affect my husbands benefit she said that if my husband was 65 or 0ver then he would go to a day center but as he isn’t he has been awarded the direct payment to pay for a PA.

Yours Mrs spasm.
Last edit: 11 years 7 months ago by Gordon.

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11 years 7 months ago #112461 by Gordon
Spasm

Have your husbands care or mobility needs changed?

Do you expect them to change as a result of his having a Personal Assistant?

If not, then I cannot see why this would be considered a Change of Circumstances.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: spasm

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11 years 7 months ago #112463 by spasm
Hi Gordon,

Nothing has changed for the better - he is slowly deteriorating. He is already on the high rate of care/mobility. This has all been set up to give me a break so that I can carry on looking after him at home.
Thanks for your speedy reply
Mrs spasm

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11 years 7 months ago #112469 by slugsta
As Gordon said, the significant thing is whether your husband's care or mobility needs have changed, not who is providing that care.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: spasm

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