Claiming Attendance allowance

the_big_fact_hunt

My 84 year old Mother in law has recently lost almost all of her sight, as well as being quite deaf, having arthritis and diabetes, and as a result of this my wife now has to help with almost everything from medication, personal and financial matters, cooking, cleaning etc so we applied for AA.
We have just had a refusal letter which we intend to appeal, can anyone give any advice as to how to push the matter forward as she cannot really do anything for herself safely, yet they do not consider her to be a danger to herself.
She has been a fiercely independant woman, bringing her daughter up alone while working and managing to buy her own home. As far as i know she has never claimed benefits, and now she needs help she is refused benefits. I have managed to get the local social services team to install some handrails and give her a special doorbell and an alarm to help her to pour hot drinks, but there is a six month waiting list for a proper assessment.
My wife cannot really look after her full time as she has our 3 children to look after, and i am aware that she is supposed to be ill for six monthe before they award benefits, but what is she supposed to do for six months? starve? take the wrong medication and make herself ill? set her house on fire while trying to make herself a meal? trip and injure herself while trying to go to the shop?
It is a ridiculous situation to be in, and very insulting for them to tell her that she is not a danger to herself.
Any advice would be appreciated

merlin68

Appeal. most people have to do that.

suelees1

As for social services a 6 month wait is unreasonably long and they know it. If your MIL is eliglbe for legal aid I'd instruct a sollicitor who specialises in community care law.

Their assessment would go a long way to helping with the appeal. Alternatively approach her GP to see if s/he can give a report explaining how she's affected.

cosmic-dust

the_big_fact_hunt wrote: »

d i am aware that she is supposed to be ill for six monthe before they award benefits, but what is she supposed to do for six months? starve? take the wrong medication and make herself ill? set her house on fire while trying to make herself a meal? trip and injure herself while trying to go to the shop?

Have you got AA mixed up with DLA?
There is no indication from direct.gov that you have to be ill six months prior to claiming AA.
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Disabledpeople/DG_10012438

If you're not happy with the benefit decision

If you think the decision about your Attendance Allowance claim is wrong, or you disagree with the rate that you've been awarded, you can:

• ask the office who made the decision to explain it
• ask to have the decision reconsidered by another decision-maker
• appeal against the decision to an independent tribunal

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Disabledpeople/DG_10023098

suelees1

you normally have to satisfy the condition for 6 months unless under the special rules

suelees1

http://www.dwp.gov.uk/healthcare-professional/benefits-and-services/disability-living-allowance/


see under entitlement conditions.

It does mention it in the link you gave but it's not clear as it's under the special rules where it says you don't have to wait the usual six months. No wonder folk get confused eh

the_big_fact_hunt

merlin68 wrote: »

Appeal. most people have to do that.

firstly, please excuse me as i dont know how to quote and reply to everyone in one post.
Merlin68: I intend to, i am currently composing a letter of appeal

SueLees1: i will look into your suggestions, but i have to get my wife to do this as i am a long distance driver and cannot make appointments easily

cosmic-dust: i read the six months ruling somewhere, but cannot remember where, but i have just found this on the directgov site:
Special rules - if you are terminally ill
If you have a progressive disease and are not reasonably expected to live for more than another six months, there are special rules to help you get Attendance Allowance more quickly and easily. You can get the higher rate immediately, whatever your care needs are, without waiting until you have needed help for six months


I am not the sort of person to take this lying down and am not afraid to stand up to any person or organisation for what i think is right.
I also found it annoying that the refusal letter informed us that "someone may be entitled to carers allowance", yet their website says that the person they are caring for should be in receipt of AA or DLA.
Is it me? or am i missing something here? its no wonder people get mad and lose their temper with the system.

Thanks for your help and suggestions so far

merlin68

Also carers allowance has to be declared as income for tax credits. so bear this in mind if you do claim it.

cosmic-dust

the_big_fact_hunt wrote: »

cosmic-dust: i read the six months ruling somewhere, but cannot remember where, but i have just found this on the directgov site:
Special rules - if you are terminally ill
If you have a progressive disease and are not reasonably expected to live for more than another six months, there are special rules to help you get Attendance Allowance more quickly and easily. You can get the higher rate immediately, whatever your care needs are, without waiting until you have needed help for six months

http://www.patient.co.uk/health/Attendance-Allowance.htm
From this link.
What sort of care?

• You must have needed looking after for at least six months before claiming. (However, if you are terminally ill there is no such qualifying period. See separate leaflet called 'Benefits for the Terminally Ill'.)

I must admit the link from direct.gov that I gave was a little misleading if I'm honest.

the_big_fact_hunt

the refusal letter also states that they do not consider domestic tasks, food shopping, and gardening. Sod the gardening, its not important, but what happens when the food runs out, are they supposed to starve? or someone becomes ill because they didnt know they hadnt cleaned something properly because they cant see, or got some cleaning products mixed up and poison themselves and end up spending the night or even longer on a cold kitchen floor.

The more i look at it, the more i think the system is geared to help the wrong people. Before we moved last year we lived in an area with a high number of people who had every intention of spending their lives on benefits which really winds me up. My parents died when i was a teenager, i have lived in some rough holes, gotten into debt, missed out on the opportunities most teens get, but i have always worked and supported myself, even though my brother was better off on the dole.
Here i am some twenty odd years later trying to get help for an elderly woman and they tell her she is not a danger to herself.
It is no wonder the country is in such a poor state, its about time we had a completely new government to sort the mess out

Oldernotwiser

the_big_fact_hunt wrote: »

the refusal letter also states that they do not consider domestic tasks, food shopping, and gardening. Sod the gardening, its not important, but what happens when the food runs out, are they supposed to starve? or someone becomes ill because they didnt know they hadnt cleaned something properly because they cant see, or got some cleaning products mixed up and poison themselves and end up spending the night or even longer on a cold kitchen floor.

I don't think you'll find it helpful to take that attitude. AA is awarded for personal care needs only and you'll be wasting your time (and increasing your chance of failure) if you don't address this in any application or appeal.