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Is DLA "protected"?

My 92 year old neighbour asked me to help him with a letter regarding the renewal of his wife's DLA. She had been receiving LRM and MRC, and this has been renewed indefinitely, but he hoped/felt this could be HR for both elements.

I duly typed the letter on his behalf, explaining he needed to assist his wife during her numerous nocturnal loo visits, and also her inability to walk even 25 yards now and he has shown me today a letter he has received in reply.

Apparently, the case is being reviewed, and he should hear within 11 weeks, but he is anxious that her current allowances will cease, during this time.

I'd like to put his mind at rest, but I don't know the answer. Can anyone help please?

xx
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Comments

  • schrodie
    schrodie Posts: 8,410 Forumite
    DLA payments will continue until a decision is arrived at.
  • zaksmum
    zaksmum Posts: 5,529 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    How old is his wife? I believe you cannot continue to get DLA after age 80.
  • nannytone_2
    nannytone_2 Posts: 13,004 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    if you are awarded DLA pre 65, you can continue to receive it for as long as you meet te criteria.

    the only issue with the OP's renewel, is whether they see her additional mobility problems as part of her disability or just a symptom of the aging porcess
  • SailorSam
    SailorSam Posts: 22,754 Forumite
    10,000 Posts Combo Breaker
    She's only 92, Atos are more likely to say she's capable of work.
    Liverpool is one of the wonders of Britain,
    What it may grow to in time, I know not what.

    Daniel Defoe: 1725.
  • SailorSam wrote: »
    She's only 92, Atos are more likely to say she's capable of work.

    :rotfl::rotfl::rotfl:Actually, he's 92, but I think she's only a slip of a thing, in her 80s! He's a bit deaf, and always shouts at me "I'M 92 YOU KNOW!!"

    Thanks for the info folks. I've let him know the good news, and he's mighty relieved - many thanks.

    xx
  • Sorry, I am not going to give good news here.... whilst the care component may well be increased to high rate care a mobility component cannot be added after the age of 65 unless it can be shown that the mobility limitations were present before 65.
  • SailorSam wrote: »
    She's only 92, Atos are more likely to say she's capable of work.

    sod...i just spilt mt coffee reading that
  • grilli
    grilli Posts: 535 Forumite
    My 92 year old neighbour asked me to help him with a letter regarding the renewal of his wife's DLA. She had been receiving LRM and MRC, and this has been renewed indefinitely, but he hoped/felt this could be HR for both elements.

    I duly typed the letter on his behalf, explaining he needed to assist his wife during her numerous nocturnal loo visits, and also her inability to walk even 25 yards now and he has shown me today a letter he has received in reply.

    Apparently, the case is being reviewed, and he should hear within 11 weeks, but he is anxious that her current allowances will cease, during this time.

    I'd like to put his mind at rest, but I don't know the answer. Can anyone help please?

    xx

    she wont get HRM but she should get HRC if she needs help with toilet needs more than a couple of times a night and has been needing the help for at least 6 months
  • If he gets an increase in either allowance or not, at least I've tried. I think his worry was mostly that "they" would stop the allowances that his wife currently gets.

    xx
  • Just to give you all an update ................. my neighbour came round this morning, still very worried that his wife's DLA would be with-held whilst a decision was being made.

    So I telephoned for him (only had to wait 4 minutes) and he gave permission for me to speak on his behalf and, glory be, the decision on his wife's care has already been made, and it's been increased to Higher Rate!

    Apparently the Mobility component takes longer, as medical reports have to be obtained, but he is absolutely thrilled with the news, as this will enable him to afford to have someone sleep over, and be on "loo duty", a couple of nights a week.

    Thank you all for your help and advice - MSE at its best. :)

    xx
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