DLA Review

piglet_3

One of my children gets DLA (highest rate care). This fact came up when talking to the health visitor who told us we should apply for higher rate mobility now they are 3 years old.

The problem is i am not sure if we will get high rate mobility (you cannot get low rate mobility until the child is 5yrs). I was told to ask for a review.

My question is; Am i allowed to ask for a review of ONLY the mobility component and tell them i do not want a review of the (highest rate) care component? Would they accept this and only assess the mobility component now my child is 3?

We have only had a DLA decision form my child for 2 months (infact we got it 9 days before their 3rd birthday - bad luck or what?) but because they were under 3 when we applied, they have not considered the mobility component. I'd hate to lose the care component after we have had it for such a short period of time and because we have a slim chance (in my opinion) of getting high rate mobility.

Anyone with knowledge of how the DLA people work?

Thanks in advance.

Fran

piglet,

When you ask for it to be looked at again you will always run the risk of them looking at both elements of DLA. If you have only had the decision for 2 months then I would think it is unlikely that the care element decision would be changed and it is worth the risk. Make sure you get some advice from Citizens Advice or other Welfare Benefits adviser before you make the claim, they will help you assess the situation. If you had help with the original form I suggest going back to that person. Good luck.

piglet_3

Thanks Fran,

i realise on a review benefits can go up, or down. This is why i wondered if you can specifically as for a review of only one element of the benefit and only have to have the care component reassessed when the renewal date is up.

I have heard that you can 'ask' them to consider only one element for a review but i wondered if anyone actually knew whether they will only look at the part you have requested.

People posting on this site seem to be very knowledgable so i thought i would ask if anyone actually knew this? ( i hope this makes sense what i am asking)

Fran

Piglet,

Have a look at this link:- bhas

(Bear in mind that you should really check with Citizens Advice or similar as legislation and rules change continuously.)

You have a month to put in an appeal against the decision. I have just read on a website (but can't remember which one, possibly DWP!) that carers of children with the care element of DLA will be automatically asked if they want to be considered for the mobility element once the child reaches three years old.

piglet_3

Thanks again Fran

I was also told this, but because i have only just been awarded DLA for my child, they said their might be a short delay before i am asked and that i should put in a review myself. i was just checking out the risks of losing care component before i decided what to do.

Ted_Hutchinson

Although Fran's link to BHAS is very good the authors of that guide now have their own site which is updated more regularly than BHAS, so it is best to use the guides here, Benefitsandwork DLA Guides

The risk to the current Care award by requesting a High Rate Mobility award would in these circumstances be minimal, in my opinion it is negligible but because there is the potential you have to be aware of the slight risk. Particularly if you offered no new evidence relating to care needs and simply addressed the Mobility issue as it would then be . As well as using your local welfare rights provider to check the new claim before you submit it it would also be worth checking with the support groups for your child's condition.

piglet_3

Thanks for the link Ted.

i approached a welfare rights worker at a local advice centre who suggested i return both parts of the form (mobility & care) but on the care part write ''no change'' on every part of the care section of the form and then sign it. On the mobility part she suggested i re-write what i had put on the first form because it was relevant but they would not have considered it previously as my child was aged under 3. They also suggested i wrote a covering note explaining that i only want them to review the mobility component now my child is 3 and state clearly i am happy with the care award and i do not want that to be reviewed. I was told to state the 'care' part of the form was being returned to them only so that they had it but as there were no changes since the very recent decision to award high rate care, i had no change to report. I was also told to get another letter from the health visitor and other supporting evidence specifically about my child's mobility needs.

I understand the advice given, and i can see why i should return the 'care' part of the form (so they cannot say it is an incomplete form) but i am just worried that stating ''no change'' on the whole care part of the form and by not saying anything about the care needs other than 'no change' will mean they may reduce the care component award.

I was hoping someone could reassure me that if i requested only a review of the mobility component, and if i stated this clearly enough, then this is what would happen. Maybe this isn't a rule?

Thanks for the advice guys.

Fran

Piglet,

What your welfare rights advisor said sounds like good advice. I would do as she says - she's probably dealt with a few of these and knows the best way to deal with the situation.

Let us know how you get on.

Fran

piglet_3

Piglet,

What your welfare rights advisor said sounds like good advice. I would do as she says - she's probably dealt with a few of these and knows the best way to deal with the situation.

Let us know how you get on.

Fran

Thanks Fran,

So glad i found this forum to use to check the advice i have been given, get the opinion of others and to use as a sounding-board.

I am just so worried about risking losing the £58 (higher care rate) that we get now. The £58 means we can do so much more for my child and as a family. Just simple things like have the money to pay someone to leave my child with them so that i can take the other children out and so they get their share of undivided attention from me (whereas normally the youngest child needs so much more attention because of their problems so the older children get less attention) or just for me to go out and do the shopping alone. Or, dare i say it, so that i can have an unbroken nights sleep once every few weeks.

For anyone with a disabled child knows how difficult it can be and the DLA can make such a difference for the WHOLE family and not just the 'disabled' child because having a 'disabled' child affects the whole family as well as the child with the problems.

Ted_Hutchinson

I would support Fran's contention that you should follow your Welfare Rights advisers advice.
If you do as you are told then should the award not be the one you want ( or worse the care rate is lowered) then the welfare rights adviser will feel obliged to support your subsequent appeal, and having welfare rights support at appeal ALWAYS increases the chance of success. (from 60% to 70% given both attend)

The question of whether or not to offer further evidence relating to the existing care award when simply asking for the mobility component, is one which some advisers argue about. In the case of an adult claimant with a longstanding care award which has not been looked at or reviewed for many years then I feel the avoidance of mentioning the care needs may lead the Decision maker to send an EMP out on a fishing trip to see what the whole situation is. But this doesn't have any relevance at all to this claim which is not that old anyway and must be based on care/mobility needs which will have the full support of your health professionals.
Despite the fact that online you may read lots of horror stories about individuals who have a hard time claiming DLA you must not forget that Decision Makers are human and generally have the normal amounts of commons sense. Because you care award was so recent, and because the mobility couldn't be awarded then. It can now so the award needs looking at again given your child is now 3.

loubloo

Hiya
I have severe osteo arthritis and applied to DLA on 20/12/04.
I got a letter saying NO to benefit on 22 February and so applealed for a review.
We are now nearly in May and nothing. My local MP is looking into this.
They were going to send out a doctor to examine me but decided to take my GP's word (despite seeing a specialist) which amazes me as he hasnt seen me since November 2003 ( he has been of sick!!) so how on earth can they make decisions without seeing me?
Now DLA tel me that they have further evidence from my doctor and for the last 5 weeks it has been with a decision maker.

My company let me go because they didnt have a sit down job for me......now I cant even get any help besdies £50.00 a week.

What can I do? My MP assures me he is trying to help but still2 weeks and no news. Not even courtesy letters.

Disgusting