Night Time Care Reviewed Without Jeopardising Existing DLA Award?

MECFS_2

On reconsideration I was awarded Higher Rate Mobility and Medium Rate Care for an indefinate period back in April. My welfare rights solicitor advised me I should have been entitled to Higher Rate Care. It turns out that the DWP made their decision before they had all the evidence from my GP and consultant. In fact the solicitor never sent in the evidence as it came literally a few days after the DWP amde their decision on my DLA. I had decided to accept their decision as I didn't want to risk losing/reducing my award by asking for another reconsideration/appeal.

However, after a telephone conversation with the DWP today I was told because of the way my award had been coded (indefinate maybe?) I could fill in a 4 page form they will post out to me and send in evidence asking them to look ay my night time care award only. They said even if I was unsuccesful there was no risk to my existing DLA award. I asked them to double check this as usually having your claim looked at again carries a 'health warning' as the award may go down aswell as up. They checked with the section and were insistent I could have my night time care looked at again with the possibility of increasing my care award to the higher rate with no threat to my existing award i.e they would not reduce my exisiting DLA award whatever the outcome. I have never heard of this - it sounds too good to be true. Has anyone else heard of this or had experience of it?

southantrim3

Sounds a bit dodgy to be honest, generally anytime you ask for a super session (change of circumstances) there is always the warning that your award may be reduced as well as increased. Get them to provide you with confirmation in writing of what they said.

Would be interested to know the outcome.

cyberbob

As far as I understand it when they review your award they review the whole thing. We had my wife's reviewed and were told it could go up as well as down. We won the award and had the care component raised but we new there was a slight risk but if you have already been awarded middle rate and your condition hasn't changed its unlikely to go down.

I would be surprised if the rules had changed such. I would ask the DWP if this is now the case could you please have this in writing. I would also ask the CAB benefits expert they would likely know if this is the case.

MECFS_2

I spoke to my solicitor and she checked the legislation and there is nothing in there to suggest the whole award would not be looked at again. She telephoned the DWP and they again said the rest of my award would not be affected. She asked what part of legislation this was. They said it is not in the legislation but is part of their policy. They were not willing to confirm this in writing. The form they are sending me is only concerned with night time care needs so maybe this is all they will look at again. I don't feel comfortable with the lack of certainty, no legislation to back this up and only their word that it is their policy.

southantrim3

There can be local policies at times to be fair but I havn't heard of that one before. If that is their policy then you might be ok. Sorry can't be of more help.

sunnyone

I wouldnt risk an award on a policy that you cant get in writing, if its true they would write it down or refer you to where the ruling comes from.

kusadasi040667

Hi, The info that DLA have told you with re to considering your night time care is 100% correct . All they do is send you out the relevent pages for you to fill in not the whole pack,which in turn shows you that they are only considering the new evidence that you send in.
Last year I contacted them to let them know of changes which I always do (for e.g if my morphine dose goes up by a fair amount) because my condition had progressed again and my right leg had become paralysed at the time I was on Highest mobility and middle care,even though I was not asking for an increase the lady said I'm going to send you out 'night time pages' as although you receive highest mobility already we will still consider care comp as from what you've reported you would need more care at night. I filled it in and got put up to higher care. As I said though I do let them know for e.g my next call will be tomo 2 explain catheters are now 5 times a day (sorry if anyone upset anyone on that one)I do this as it benefits them and me as they are happy at being kept in the loop so to speak as they have the ongoing picture of your illness/disability & poss lesser need to contact you to update. Hope you manage to sort out DLA and quickly. Take care & best wishes K x