When do you notify DWP a change - DLA?

benniebert

Is it when you have a condition that you think is now resolved enough to not have the same level of needs

OR

Is it when you have a condition that you think is now resolved enough to not have the same level of needs BUT may deteriorate again at some time in the future because it is variable?

benniebert

Bump - anyone

mad_spaniel

I think the test is what you are like most of the time. On the balance of probabilities are you more poorly over a 12 months period than not? or "better" most of that time. If "ok" now,and likely to be so for the next 12 months, I think the honest thing would be to relinquish the claim. there's nothing to say you can't reapply in the future citing deterioration, although you'd have to jump through all the bureaucratic hoops again..

benniebert

mad_spaniel wrote: »

I think the test is what you are like most of the time. On the balance of probabilities are you more poorly over a 12 months period than not? or "better" most of that time. If "ok" now,and likely to be so for the next 12 months, I think the honest thing would be to relinquish the claim. there's nothing to say you can't reapply in the future citing deterioration, although you'd have to jump through all the bureaucratic hoops again..

Thanks, but how would someone know if they will or wont deteriorate over the next 12 months?


Bit of a difficult one this. It's a question someone has asked me.


As an example, in 2012 they were OK and he was leading a normal life sort of. Yet in Jan 2013 he was admitted into hospital and had many, many repeat A&E admissions right through until October 2013. Since then he's been OK, but I now hear that he is back in hospital again and worried about his benefits. The part that does concern me is that he is on DLA and has a Mobility car. If he gives up his DLA, he will only be able to claim AA due to his age (69).

tomtom256

When a change occurs, either for the better or for the worse.

Not if you think you may get worse, if it's you have got better or have got worse. It's not about what may happen but what has happened.

I could get hit by a bus and my care needs could change do the DWP care no, but if I have been hit by a bus and my care needs have changed then yes they do care.

benniebert

tomtom256 wrote: »

When a change occurs, either for the better or for the worse.

Not if you think you may get worse, if it's you have got better or have got worse. It's not about what may happen but what has happened.

I could get hit by a bus and my care needs could change do the DWP care no, but if I have been hit by a bus and my care needs have changed then yes they do care.

I know that, but I am specifically asking about someone that has major problems with both physical and mental issues which are variable by their nature.
You can't very well say this month I'm OK so close the DLA down but next month I'm worse, so make another claim.


That is what I need advice on, when is the right time given a variable situation?

Mav6215

If the condition is ongoing but has periods of good and bad then I see no reason not to continue with the claim. As a previous poster has mentioned you'd have to go through hoops again to get re-instated which, especially with mental health, could make the condition seem or even be considerably worse.

Perhaps your friend could have a chat with his GP or consultant asking for an opinion/advice on this?

Of course, if the respite from the condition continues for some time then, maybe, it would be advisable to let the DWP know.

rogerblack

Mav6215 wrote: »

As a previous poster has mentioned you'd have to go through hoops again to get re-instated which, especially with mental health, could make the condition seem or even be considerably worse.

You absolutely cannot get DLA or PIP for intermittent conditions if you declare you are 'better' for periods of time.
In order to be eligible for PIP - you have to be ill for a period of 12 months - 3 months in the past, and 9 months likely in the future.

For PIP, you are eligible for PIP if you are affected on half the days or more.

For PIP - if you have a condition where you look 'better' for periods at a time, then if you came out of a period of 12 months where you met the conditions on all days, you could be eligible for PIP for up to 6 months being 'better', and meeting the conditions on no days.

This is only if your condition is such that you expect it to fluctuate back down.

If you have good reason to believe you're cured - rather than just a normal variation of your condition, then you are required to report it.

benniebert

rogerblack wrote: »

You absolutely cannot get DLA or PIP for intermittent conditions if you declare you are 'better' for periods of time.
In order to be eligible for PIP - you have to be ill for a period of 12 months - 3 months in the past, and 9 months likely in the future.

For PIP, you are eligible for PIP if you are affected on half the days or more.

For PIP - if you have a condition where you look 'better' for periods at a time, then if you came out of a period of 12 months where you met the conditions on all days, you could be eligible for PIP for up to 6 months being 'better', and meeting the conditions on no days.

This is only if your condition is such that you expect it to fluctuate back down.

If you have good reason to believe you're cured - rather than just a normal variation of your condition, then you are required to report it.

No there is no cure, just short/medium and long periods of respite. followed by extensive periods of being an inpatient/outpatient etc.
The GP & Consultant have already told him that this will be the way for the rest of his life, with the periods of respite getting shorter and with more hospitalisation/recovery periods.


Best left alone then as the prognosis isn't good in the short to medium term. To be truthful, whilst he is worried about losing his Motability car, I cannot see that he will be driving for much longer. His wife will have to be his unpaid driver amongst her other duties. He suffers from depression and MND.


Thanks for your comprehensive reply.

P4ula

benniebert wrote: »

As an example, in 2012 they were OK and he was leading a normal life sort of. Yet in Jan 2013 he was admitted into hospital and had many, many repeat A&E admissions right through until October 2013. Since then he's been OK, but I now hear that he is back in hospital again and worried about his benefits. The part that does concern me is that he is on DLA and has a Mobility car. If he gives up his DLA, he will only be able to claim AA due to his age (69).

Do not forget though. since 2013 if the person concerned is in a NHS hospital for 28 days his/her DLA wilo stop being in payment and his/her Motability car would need to be returned to Motability. There may however be a little bit of flexibility on Motability's part if the person is due out after say 29/30 days etc.

However the 28 days in hospital do not need to be consecutive but can be accumulative if over a short space of time (a recurring 28 days). So for example if they spend twenty days in hospital then out for a short while and then are admitted again for another 4 days, then out for a short while then admitted again for 4+ days the DLA will cease being in payment and again the Motability car should be returned.

If the person looks at their annual DLA uprating letter, there is an onus on the claimant to inform the DWP when they are admitted into hospital.

Paula

benniebert

P4ula wrote: »

Do not forget though. since 2013 if the person concerned is in a NHS hospital for 28 days his/her DLA wilo stop being in payment and his/her Motability car would need to be returned to Motability. There may however be a little bit of flexibility on Motability's part if the person is due out after say 29/30 days etc.

However the 28 days in hospital do not need to be consecutive but can be accumulative if over a short space of time (a recurring 28 days). So for example if they spend twenty days in hospital then out for a short while and then are admitted again for another 4 days, then out for a short while then admitted again for 4+ days the DLA will cease being in payment and again the Motability car should be returned.

If the person looks at their annual DLA uprating letter, there is an onus on the claimant to inform the DWP when they are admitted into hospital.

Paula

I agree and that is what started all of this. He has no idea when he will into hospital and how long his stay would be.
I do understand that the payments are suspended after 28 days. Which is different than having to reclaim.
Because of all of the uncertainty surrounding his health, I'm going to suggest to him that he does nothing silly like cancelling his DLA claim. I will tell his wife about having the DLA suspended, but I doubt that that will be a problem as his stays are never more than a week or two at a time.


In his particular case there is being honest and being too honest. His prognosis is no more than 2 years of life left.