Attended Oral Appeal Today after 7 month wait. Few Questions?

scooter_gal

Hi,

I wonder if someone could clear up a few questions for me please?

I filled out a renewal of change of medical needs form last November for my husband which was for April 08. In January he was refused any higher than the low rate on both so we appealed against the decision due to the 24/7 care that I do for him.

I never had help in filling the forms out but found out afterwards that DIAL helps with these so I went aong to see them for help with the Appeal forms and will always go to them from now on!

Anyway, The appeal was very daunting and my husband felt like a criminal with all the questions, now my hubby is rather poorly and has been for a long time now with uncontrolled epilepsy and he was getting all confused. I felt helpless as I wasn't allowed to speak until the end. I had to try and remember all the things they had said and put them right where he had got confused. I know they are only doing there job and have to ask lots of intense questions, we know what to expect if we have to go through with it again.

I'm just so glad that I went to DIAL for help as we couldn't have gone through with it without them.

He has now been awarded with Middle Rate Care and they kept the Low Rate Mobility as before even though he has used a wheel chair since May 08.

What I'd like to know is how will it effect us?

We are both on High rate Incapacity of 2x £93.40 weekly
DLA low rate for care and mob until they up the care 1x £142.00 monthly

We pay £46 a month to our Council Tax
Rent £198.00
The council tax and rent already has HB and CT benefit with a disability premium for the incap benefit.

Will any of the above change?

They have back dated the Middle rate Care to April 08, should this not be back dated to last November or January 08? DIAL thought it would have been?

Who do I have to notify of the changes to his benefit?

We don't have any savings.

How long will it take for the DLA to inform the rent and CT benefit section? Will the form that we was given after the Tribunal appeal with the award on be proof enough if I take it into the council offices tomorrow?

I read somewhere a while ago about informing income support for something to be attached as I can't claim the carers rate because I am on IB is this correct? If so can you explain what it is?

Sorry for the long winded post.

Julie

Jules

As DLA isn't means tested it will not affect any of your benefits, it is totally disregarded when working out HB. I would let them know all the same so they have a record of it.

If he was getting High Rate Care you would be entitled to another premium on your HB (Enhanced Disability Prem) but it's not paid for MRC. For the Severe Dis Prem to be paid you both would have to be in receipt of DLA, unfortunately.

You can claim the Carer's Allowance and although this won't be paid it will be awarded, you will then have the underlying entitlement which will give you a Carer's Prem on your HB. You only have to be entitled to it, not being paid it to get this prem, but you do need to apply for it - IB and Carer's are classed as Income Replacement Benefits and that's why they won't pay both - you can be entitled to both though. Well worth putting in for, get the forms asap and get them in.

I hope that all makes sense, I'm only up and a bit dozy just now!

Jules

scooter_gal

Thanks for the information.

Can you tell me which forms I need to get please?

Jules

Ring the Benefit Enquiry Line (BEL) on 0800 88 22 00 and ask for a DS700 claim pack for Carer's Allowance.

They are fairly straight forward to fill in but if you need help ask your local CAB or perhaps DIAL may have someone who may help.

Jules

scooter_gal

Thank you Jules.

I found the forms on-line and received a phone call a day later. I sent our marriage certificate and our signatures back to them and just waiting to hear now.

Jules

Good to hear that its applied for and all. Hope they don't take too long to start paying it.

Jules