DLA Question

suzy-wong_5 · 14 August 2004 at 9:25PM

My brother was awarded DLA until 2006, however, they have taken it off him. Can they do this

Ted_Hutchinson · 14 August 2004 at 10:20PM

Only if they have good reason.

He should see a Welfare Rights adviser either CAB or one of the sources listed here Getting Help with You Benefits guide

You don't give any information about the circumstances relating to the change in the decision. It is too soon for it to be a renewal so they must have had a reason to look at the award again. It is possible someone has reported they consider your brother is getting the benefit fraudulently however they usually call you in for interview (maybe under caution) if they think this. If they haven't any grounds for looking at the decision again and your brother still meets the DLA criteria, then a good welfare rights representative should be able to appeal this and get it reinstated.
See the guide to appeals here
Appeals Guide

and check through the DLA criteria to verify that the claim is valid. Benefits and work DLA GUIDE and double check at Benefitsnow DLA Guidance If you/he still believe he properly qualifies for this benefit then get help and appeal. You first need to ask for the reasons for the decision to change the award and the medical evidence on which this was based. When you've seen this you say you want to appeal and explain why you think they are wrong. But as you may have to argue the legality of the change of decision a fully professional and legally qualified Welfare Rights advisor would be best.

Fran · 15 August 2004 at 3:00PM

I'd just like to add to what Ted has said that there is a time limit of a month for putting in an appeal, so he needs to get advise as soon as he can.

suzy-wong_5 · 16 August 2004 at 1:20AM

there has been no letter, just stopped paying into his bank account

Fran · 16 August 2004 at 2:55AM

I would advise ringing them first thing tomorrow, either your brother or someone on his behalf (he would have to be present to speak to them to give his permission). If no luck there, try Citizens Advice Bureau who can negotiate on his behalf.

iklepig · 21 August 2004 at 2:03AM

there has been no letter, just stopped paying into his bank account

Could this be an administration error rather than the DLA being stopped? Have you checked with the DLA people to see whether they have just failed to pay the money automatically into his account?

Old_Git · 3 January 2009 at 1:36PM

can someone work and still claim DLA .Is the a maximum number off hours they can work .Does it make any difference if its medium or low rate

Zara33 · 3 January 2009 at 2:33PM

Old_Git wrote: »

can someone work and still claim DLA .Is the a maximum number off hours they can work .Does it make any difference if its medium or low rate

People can work whilst claiming DLA.

whitevanwoman · 3 January 2009 at 2:46PM

I work part time and get DLA. My illness is episodic which means that there are times when I am very unwell and need to take sometimes prolonged time off work sick, and then other times when I am reasonably ok and functioning. It's not easy putting in a claim for DLA so make sure you get specialist advice - either from a support worker or from an advice service or welfare benefits advisor.

Working and in receipt of DLA also means that you might be entitled to tax credits with a disability element. HOWEVER, YOU MUST GET SPECIALIST ADVICE to claim tax credits as there have been huge problems with overpayments so people have actually ended up worse off than before they claimed and it is easy to make a mistake and therefore end up liable for any overpayment. Also once you are in the tax credit system, there is no way of exiting it, so you will need to continue to send in annual review forms every year just to prevent being saddled with an overpayment. Sounds crazy, I know, but sadly its true.

For more info about tax credits there is a thread in the benefits section about tax credits - most people seem to post in the sticky at the top of that page, the one from KevinNI.

You can also get advice and info about tax credits at www.taxcc.org - if you click on the link to their forum you can post queries etc and usually someone will respond within a day or so. This website is featured on MSE Fran's useful links page.

Hope this helps.

dmg24 · 3 January 2009 at 2:50PM

whitevanwoman wrote: »

I work part time and get DLA. My illness is episodic which means that there are times when I am very unwell and need to take sometimes prolonged time off work sick, and then other times when I am reasonably ok and functioning. It's not easy putting in a claim for DLA so make sure you get specialist advice - either from a support worker or from an advice service or welfare benefits advisor.

Working and in receipt of DLA also means that you might be entitled to tax credits with a disability element. HOWEVER, YOU MUST GET SPECIALIST ADVICE to claim tax credits as there have been huge problems with overpayments so people have actually ended up worse off than before they claimed and it is easy to make a mistake and therefore end up liable for any overpayment. Also once you are in the tax credit system, there is no way of exiting it, so you will need to continue to send in annual review forms every year just to prevent being saddled with an overpayment. Sounds crazy, I know, but sadly its true.

For more info about tax credits there is a thread in the benefits section about tax credits - most people seem to post in the sticky at the top of that page, the one from KevinNI.

You can also get advice and info about tax credits at www.taxcc.org - if you click on the link to their forum you can post queries etc and usually someone will respond within a day or so. This website is featured on MSE Fran's useful links page.

Hope this helps.

I would love to know who MSE Fran is! :rotfl:

It is possible to exit the tax credits system. You just need to write them a letter stating that you wish to do so.

You do not have to take specialist advice to claim DLA, though some people feel it helps. Many claimants are successful when they have completed the application form themselves.

I think with the current tax credits system you could take all the advice in the world, and there is still a possibility of them getting it wrong. Also, very few people post on the sticky at the top of the board, it is best to do a search and, if your question has not been answered, start a new thread.

peediedj · 3 January 2009 at 2:51PM

whitevanwoman wrote: »

Also once you are in the tax credit system, there is no way of exiting it,

EVERY YEAR I CLAIM,MY WAGES ARE USUALLY HIGHER,THE WIFES USUALLY THE SAME,WE THINK WE WONT GET ANY TC,BUT WE STILL GET A FAIR AMOUNT EVERY YEAR WHICH SUPRISES ME

DLA Question

Comments

Confirm your email address to Create Threads and Reply

🚀 Getting Started

Categories

Is this how you want to be seen?

Get our FREE Weekly email full of deals & guides - and it’s spam-free