Christine Laird Case Currently in the News & DLA

frothy-coffee_2

Hi,
I've just listened to an interview on BBC radio 5 Live and it seems from the figures quoted that she is in receipt of full DLA approx £450/4wk and £150/wk IB this is also been granted for life. Plus a £40k pension.

Now I was under the impression that DLA isn't for an illness but is for not being able to do everyday activities such as walking, washing yourself, etc. She can clearly do both (I.E. Walking to court). Does this set a legal precedent?

PS
The allowances are for a mental illness, Depression & Anxiety.

MrsManda

DLA is for care/mobility needs. Mobility doesn't necessarily mean ability to walk but could mean a person needs supervision to leave the house due to eyesight, mental problems etc...
I don't know anything about the person in question or the case so won't comment specifically.

BigAunty

I have no knowledge of the court case or benefits awarded to this individual.

However, I don't believe that DLA and IB claimants necessarily get granted them for 'life'. My understanding from previous posts on indefinate awards is that they are not necessarily given for the duration of someone's life and though I didn't find a very good definition of this, I got the impression that it was about not setting a date for review in the future but not necessarily meaning there would never be a review. Not only that, the names and qualifying criteria for benefits is constantly evolving - IB is being phased out and replaced by ESA anyway.

http://www.youreable.com/forums/showthread.php/78-Indefinite-dla-awards


EDIT:

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Disabledpeople/DG_10023092

"If your benefit award is for an indefinite period, you will not usually have to make a renewal claim. Indefinite awards can sometimes be reviewed and you may need to have another medical examination as part of the review."

frothy-coffee_2

I agree with what both of you say, especially the point about ESA

But it was stated that she is the first person in the UK to be grant disability status for life. I'm assume they must mean her abilty to function normally will never be reviewed.

I agree that inhibited mobility can be due to say blindness, but I didn't realise you can get the mobilty component of DLA for say, agraphobia.

I was hospitalised for long spells twice in my life for similar mental probems to those stated in her case. But I could still walk round the house, wash, etc. And didn't realise I could have been eligible for DLA.

Oh well, live and learn

BigAunty

In doing a bit of research on the internet around the topic of DLA/IB awards for life, it is clear that many claimants have been awarded them 'for life' or 'indefinite award' from many years before but plenty of info that this does not mean that they will never be subject to a review. Some people have posted that their award has been changed from 'life' to 'indefinate'.

Here's some info here from the DWP

"There are 140,000 people who have been on DLA since 1992 and have never had their claims reviewed. One fifth of those on DLA have had no contact with the department in the last 10 years and around 2 million people have been given indefinite awards."

http://www.guardian.co.uk/money/blog/2011/feb/04/disability-allowance-questions-minister-maria-miller

From a council website (a very common FAQ on 'lifetime' awards of benefits).

"[URL="javascript:toggleLayer('faq12');"]If I am awarded Disability Living Allowance (DLA) or Attendance Allowance for life does this really mean for life?[/URL]

No, life awards do not necessarily mean for life. They are only awarded for life if there is no review of your claim or no change in your condition."


I don't want to comment on the individual or news report as I have no familiarity with it. On a personal and general level, I feel it is wrong to award an indefinate or lifetime award to someone with depression or anxiety as even though it is clear that they can be subject to a medical review in the future and benefit criteria does change (therefore the status may not be worth the paper it's written on), it inadvertently sends out a message that they cannot recover. The notion of 'life' and 'indefinate' is a really powerful one, even if the actual reality is that the claimant may actually get a review in the future and I really don't like the message that it sends out.

frothy-coffee_2

I agree with what you say. I didn't think the medical profession give 'For Life' prognosises much these days.

E.G 'You'll never walk again' because the human body (and mind) can perform miraculous recoveries.

If you are interested in the case it'll be available on iPlayer From today (Victoria Derbyshire)

BigAunty

I know that we may be subtly confusing 'for life' and 'indefinate awards' (not that I can find much of a distinction anyway) but I found DWP stats that indicated around 71% of DLA claimants are on 'indefinate' awards. The DWP have tables from August 2010 of DLA claimants and their conditions, broken down by type of award which shows that there are many claimants with many different types of disabilities who have indefinate awards.

This includes thousands with psychiatric conditions and severe mental impairment.

See 17th March pdf and spreadsheets for info.

http://research.dwp.gov.uk/asd/asd1/adhoc_analysis/index.php?page=adhoc_analysis_2011_q1

frothy-coffee_2

Just found this on Direct Gov

She must quality for the mobility component under the severe mental condition part? I didn't realise you could claim the mobility component for that.

Is that why children with ADHD qualify?

If you have mobility needs
To get the mobility component of Disability Living Allowance, your disability must be severe enough for you to have any of!the following walking difficulties, even when wearing or using an aid or equipment you normally use:
because of a physical disability, you are unable or virtually unable to walk without severe discomfort, or at risk of endangering your life or causing deterioration in your health by making the effort to walk
you have no feet or legs
you are assessed to be both 100 per cent!disabled because of loss of eyesight!and not less than 80 per cent!disabled!because of deafness and you need someone with you when you are out of doors
you are severely mentally impaired with severe behavioural problems and qualify for the highest rate of care component
you need guidance or supervision most of the time from another person when walking out of doors in unfamiliar places
you are certified as severely sight impaired by a consultant ophthalmologist, and you were aged between!3 and 64 on 11 April 2011; you must also!have a best corrected visual acuity of less than 3/60, or you must have a best corrected visual acuity of 3/60 or more but less than 6/60 together with a complete loss of peripheral visual field and a central visual field of no more than!ten degrees in total

SingleSue

Only a very few children with ADHD will receive high rate mobility DLA, they may however, receive low rate mobility.

tatonette

This particular argument has been kicking around for ages.

Yes, DLA is given as indefinite. Which means that it will remain in force until such time as the claimant applies for a change or the DWP seek a review.

It is quite common esprecially for Civil Servants & Local Authority Officers to be granted a 'for life' award purely on the basis of a medical report that is prepared when somebody wishes to retire at any age on medical grounds and receive their pension.

There are two levels to obtain the pension.

1. That it is proved that the officer will probably not but may do so, be able to work again in any type of employment.

2. That the officer will never be able to work again at any job.

(1) will give a temporary pension whilst
(2) will give a full and enhanced pension on the basis that the officer could have completed the maximum years (40) but may only have worked 3 years.

In respect of a decision to award a full enhanced pension as in (2), the DWP will go along with that decision when awarding a disability benefit.

Point in note: The majority of 'full pensioned off officers' do in fact go back to work, but that does not affect their pension!!

I have a friend who is 23 and was earning £26000pa. He worked in the Civil Service for 4 years. He suffered a sports back injury and was pensioned off with 40/60ths x £26000

a lump sum of £69,000 and a pension for life (increasing annually) of £14200pa.
He receives HRM & MRC indef on the basis of what the Civil Service medical report concluded.

He was back working within 18 months in private industry.

Little is known by the public exactly what happens, except that the case in question has become high profile.

What ammuses me is that ordinary claimant's other than Civil Servants & LA officers, scratch around claiming £69 a week ESA, and fighting to get some award of DLA. When if that same person had been employed in the government service, it would have been given to them on a plate. You can't blame the claimant - it is the system that is in operation and is jealously guarded by the unions, hence one of the reasons for the strikes. It isn't all to do with pension levels and contributions, it's the add on features that guarantee a good income whether they work or not due to a 'disability'.
It has been going on for years.

By the way if anybody is interested, I have copies of all of the booklets and regulations but unfortunately they are not for public viewing.

I wonder if the Daily Mail would like to see them?

tomjonesrules

My understanding is that she has received a lifetime award for IIDB, not DLA or IB.