DLA Help

viv.

Hi All

Yesterday totally out of the blue I received a letter from DLA thanking me for contacting them (which I did not) and asking why I have been working since 2006 and not told them. My understanding was that I only needed to inform them if there was a change in my care or mobility needs which there has not been. I thought that I could work a job suited to my disability. I actually only work 1 and a half hours a day 5 days a week term time only. I feel like I am in big trouble now and am concerned about how this has coma about and if I was wrong not telling them my work details. I called them but they just said fill in the form and send it back they could not discuss further. I feel sick to my stomach as I have never meant to do anything against the rules. Can anyone offer any advice or help? Have I done wrong?

Thanks in Advance

McKneff

I think you should have informed them at least of the change. They do stipulate 'if there are any change of circmstances

The way they will look at it i presume is that you calimed you were ill enough not to work
when you first claimed it and were still ill enough to keep claiming it. So something must have improved to enable you work. Or you could have worked before but you couldnt find a job to suit your disabilities iyswim,

It doesnt necessarily follow that you are in trouble, i suppose it depends on lots of things, hours (which you have explained here) and the type work you do.
I mean yes you would be in trouble if you had taken on a job as a hod carrier :rotfl: but I'm sure thats not the case.

Try not to worry too much and just give them your truthful explanations.
Im sure everything will be fine. You may have to pay something back but theyre not going to send you to prison for it.:rotfl:

dmg24

McKneff wrote: »

I think you should have informed them at least of the change. They do stipulate 'if there are any change of circmstances

The way they will look at it i presume is that you calimed you were ill enough not to work
when you first claimed it and were still ill enough to keep claiming it. So something must have improved to enable you work. Or you could have worked before but you couldnt find a job to suit your disabilities iyswim,

It doesnt necessarily follow that you are in trouble, i suppose it depends on lots of things, hours (which you have explained here) and the type work you do.
I mean yes you would be in trouble if you had taken on a job as a hod carrier :rotfl: but I'm sure thats not the case.

Try not to worry too much and just give them your truthful explanations.
Im sure everything will be fine. You may have to pay something back but theyre not going to send you to prison for it.:rotfl:

This is not correct, you do not have to inform DLA if you start work, only if there is a change in your care and mobility circumstances.

They also do not take into account whether you are fit for work, this is nothing to do with DLA.

OP, just state on your form that your care and mobility needs have not changed. You have received a standard letter that cross matching in the system has prompted. Assuming you still have professional back up for your condition, you should not have a problem.

McKneff

My apologies to both, i bow to DMGs better knowledge of the system.

Good luck OP and let us know how you get on.

MyRubyRed

All, Ii can understand the OP's worry and also McKneff's response re advising of all changes (safe rather than sorry). If, like me, you don't have a good understanding of how the "system" works then its hard to know what to do at times. x

amanda40

I am not sure there is even a place on the DLA claim forms to put whether you are employed or not - I cant remember filling it in on mine, although my letter I put in with my claim from OT did state how many hours a week I ahd worked and that necessary adjustments had been made.

magicstrawberry

I would try not to worry to much ....technically you can work and claim DLA but they can allways challange this. As of my knowleadge you can work and claim DLA they do need to know about it and they could argue that if you can work then your fit enough ( which we know isnt allways true)

The the factors they take into account is if yes you can work but you do not know and can not predict how your condition will vary from day to day so you may go in three days one week and then none the next for example then you should be still entitled and also if your care/ mobility needs are the same. Also you would need some understanding in place with your employer to get around the days which are bad.

This is what my Dad said to me in general conversation about benifits (hes an ex CAB advisor) but in his own words its never clear cut and he also explainned that people can get working disabled tax credit, so i would assume as long as you still have the needs at home and at work then you should be entitled.

kazzah60

magicstrawberry wrote: »

I would try not to worry to much ....technically you can work and claim DLA but they can allways challange this. As of my knowleadge you can work and claim DLA they do need to know about it and they could argue that if you can work then your fit enough ( which we know isnt allways true)

The the factors they take into account is if yes you can work but you do not know and can not predict how your condition will vary from day to day so you may go in three days one week and then none the next for example then you should be still entitled and also if your care/ mobility needs are the same. Also you would need some understanding in place with your employer to get around the days which are bad.

This is what my Dad said to me in general conversation about benifits (hes an ex CAB advisor) but in his own words its never clear cut and he also explainned that people can get working disabled tax credit, so i would assume as long as you still have the needs at home and at work then you should be entitled.

There is NOTHING to prevent anyone claiming DLA form working
it is NOT wrong
it is NOT illegal
there is NOWHERE on a DLA form to even put if you are employed or not

you get DLA for how your disability affects your ability to deal with your personal care needs- nothing else and if your personal care needs do not affect your ability to hold down a job then why should you need to inform the DWP?

my son has Aspergers and semantic pragmatic language disorder and is on hrc lrm
he recently started work part time for 18.5 hours per week
his care needs HAVE NOT CHANGED he still has Aspergers, but he has been fortunate to find temporary empolyment with a community organisation that runs a variety of projects for people with learning difficulties - his job is specifically for a person with learning difficulties and he received support from a disability support worker and his empolyers ahve made reasonable adjustments to their working practices to ensure DS can cope - he is VERY lucky to have found this job, but I have NO intention of notifying DWP because it has no effect on his personal care needs
likewise my dear friends hubby who has severe cp and gets mrc and hrm
also works in an office for the local council - the fact he chooses to work does not mean his CP has gone - he just copes with the help of colleagues like my son.
OP - PLEASE don't think you have done wrong- it is vital that people with disabilities DO work, for them, for society and as role models - you DO have something to offer despite your disability - so well done, get out there and carry on !
KAren

magicstrawberry

*big massive sigh*:(

Why get angry and defensive? there is absolutly no need to and i just hoped this wouldn't be taken wrong but it has ....

Right, main point is yes people can work and claim DLA, it isn't affect by any earnings for this you get absolutly no arguement from me ...none.

But what i am trying to explain and if anyone has say been on benifits and then tried to get back to work SOME people may experance difficulties.

For example if you have been claiming Dla due to Narcolepsy and then work as a HGV driver or you have Agrophobia and become an actor or epilepsy and work in a night club?! see the pattern? these are all extremes unlikely to happen but are examples

This is my point if like your son who has alot of adaptions and an understanding boss it isnt a issue and I totally agree but things like what i have described above occur then there probably is an issue

DWP MAY challange you if they see that with your job you have to do things that you said you cant do or can do with adaptions but then not use them at work.

The whole reason that they do this is for people that dont inform them of there condition inproving and continue to claim and people that have a job that is kind of in the middle between the extremes i.e Agrophobia and being an actor and say your son MAY have some difficulty just proving there condtion hasnt changed.

This is what my Dad said to me in general conversation about benifits (hes an ex CAB advisor) but in his own words its never clear cut and he also explainned that people can get working disabled tax credit, so i would assume as long as you still have the needs at home and at work then you should be entitled

Its never clear cut, the DWP can allways challange it but if you arnt doing anything wrong and your needs havn't changed then whats the issue? you may have to prove it hasnt changed in some cases but thats it...... if they couldnt challange it then every person who claimed then got better or there condition improved would have the money still and the goverment would lose alot of money.

And regarding telling them its allways wise to do so makes things clear and so there is no dispute

And if i have said anything to offend please dont get anoyed as its 4.44am in the morning and i cant sleep due to the pain of my arthritis ... bring up anything you need to and il try to clarify by all means

I was only trying to help through my dads and my experience and to say a possiblity and only that but not to worry and to the op i really do hope it all goes ok and you get adviseand help you need

Magicstrawberry

dmg24

magicstrawberry, I understand that you are trying to help, but the information your dad has given you is not accurate. It is usually best to check the information yourself, rather than relying on what friends/ family tell you.

magicstrawberry

I'm really not going to argue this

One i have found and checked the information myself thank you :rolleyes:

Two the information my dad has given me is correct after working for the CAB for many years specailising in benifits i think he may know.

If you say on your form that you can only walk 50 metres and then walk100 to the bus stop this is inconsistant.
If you say that you can not get out of bed in the mornings but then go to work its inconsistant!
The fact that someone is going to work when they weren't before is a change of circumstances..... the reason they put a change of circumstances is so it covers everything
You should allways inform them and the can challange you if they think things have changed.

This is my last comment on the subject i was only trying to help the op needs to get herself to the CAB or dial and i really hope she gets the help she needs