Stopped without a reassessment?

oxcat1

I am currently in hospital, and have been since 21/03. I am in receipt of DLA, both at higher rate, so my husband telephoned them on 26/03 to inform them of my admission and to avoid overpayment.

Yesterday, he bought my post to the Hospital. There is a letter from Motability, dated 19/04, saying that since my allowance has been stopped since 16/04, I have until 10/05 to return my car.

But I don't know anything at all about this? There are no other letters explaining about my allowance being stopped, or asking for any further information, or anything like that. Surely they can't just stop my allowance without a reassessment? And to have less than 2 weeks to find a new car?

I am so worried and don't understand at all what has happened. I know DLA payments are suspended after a period in Hospital, but I didn't think they were cancelled all together, and surely the DWP should at least write and let me know, rather than leaving it to Motability?

For information, I am in a wheelchair, but can manage about 5m using a Zimmer frame and two physiotherapists. I am on continuous oxygen, and also using a non-invasive ventilator a lot of the time. I do feel I should still qualify.

Such a concern!

JS477

Both the care and mobility parts of Disability Living Allowance will usually stop after you have been in hospital for 28 days, unless you are a private patient paying for your accommodation and treatment without help from the NHS.

Check out this Here

rogerblack

oxcat1 wrote: »

I am currently in hospital, and have been since 21/03. I am in receipt of DLA, both at higher rate, so my husband telephoned them on 26/03 to inform them of my admission and to avoid overpayment.

To quote http://www.nidirect.gov.uk/coc-hospital-admission-disability-living-allowance

After four weeks:

If the patient is over 16 both the care and mobility components are suspended from the payday following the 28th day in a Health Service hospital.

This is correct - and the dates approximately work.
If you are in hospital for an extended period, both components stop.


This means motability will take the car back.
Are you expected to be in hospital for more than a few weeks more?
If not, motability may be willing to be somewhat flexible - if you are willing to temporarily cover the payment.

The payment is technically suspended - not stopped - so you remain entitled if you come out of hospital - it's just not paid.
However, motability require the payment in order to pay off the lease of the vehicle - so it doesn't matter why it stopped, just that it did.

However.
On further reading, I find this seems incorrect.
The decision makers guide confirms others comments that this is incorrect.
http://www.dwp.gov.uk/docs/dmgch61.pdf 61651
The recent amending regulations seem not to affect this.