Can you apply for Attendance Allowance if getting Disability Living Allowance?

SonnyBoy

Hi all, apologies for jumping right in, but I could do with some advice.

I care for my elderly mother, who has numerous physical health problems and also suffers from depression. She was awarded Disability Living Allowance several years back after initially being turned down and that decision being successfully appealed, with high mobility but low care component. Her health has declined since then and we expect it to continue to do so. At the moment, even though I'm her full time carer, I cannot apply for Carers Allowance. Instead, I’m receiving ESA due to my own health issues and problems with depression, but I don’t think that’s a viable long-term option. I’ve been advised that to qualify for Carers, we’d need to do a change of circumstances. However, I’ve also been advised that if we do that, there is a chance Mum’s DLA could be stopped, and we’re not prepared to risk that. We’ve heard far too many horror stories of people with blatantly obvious health problems having their benefits cut.

Obviously, my own lack of financial security is a source of stress for both of us. One possible solution I’ve thought of is applying for Attendance Allowance for Mum, since she is now over 65, so I can apply for Carers Allowance for myself. I’ve been trying to find out if we can apply for Attendance Allowance for Mum if she is already getting DLA. I haven’t been able to find anything saying we flat out can’t, but on the other hand I haven’t found anything saying we can either. So, can we apply for Attendance Allowance + Carers Allowance and avoid doing a change of circumstances that might threaten Mum’s DLA?

Any advice would be greatly appreciated!

nannytone_2

dont claim attendance allowance as this will stop the DLA claim, and there is no mobility component to attendance allowance.

phone DLA and asked for her claim to be reassessed ( a supersession) as she currently has a DLA care award, she can ask for this to be looked at again and doesn't need to switch to the lesser AA

Alice_Holt

As nannytone has said don't apply for AA.

Not only has AA no mobility component, she may have been awarded low rate care because of an inability to prepare and cook a meal - there is no equivalent test in AA.

Go to your local CAB and get help to do a DLA supercession.
For middle rate care (which is a qualifying benefit for CA) you will need to demonstrate that your mum has care needs for the majority of the day.

More info here:
https://www.gov.uk/dla-disability-living-allowance-benefit/eligibility

wannabecontent

I can only speak from my experience. My husband was in receipt of mobility DLA at the higher rate but no care component, before suffering a stroke (at 69) and as he was already getting the mobility DLA and he was over 65 he applied for AA and got it at the higher rate. This did not affect his mobility component. I also receive carers' allowance - I did not get this until 6 months after my husband started to get AA.

sheramber

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/540579/AA1-print-claim-pack.pdf

You may get Attendance Allowance if:
• you are 65 or over when you make your claim
• you are not entitled to Disability Living Allowance
• you are not entitled to Personal Independence Payment
• your disability means that you need help with your personal care
(see page 5) or you need someone to supervise you for your own or
someone else’s safety (see page 5), and
• you have needed that help for at least six month

Icequeen99

wannabecontent wrote: »

I can only speak from my experience. My husband was in receipt of mobility DLA at the higher rate but no care component, before suffering a stroke (at 69) and as he was already getting the mobility DLA and he was over 65 he applied for AA and got it at the higher rate. This did not affect his mobility component. I also receive carers' allowance - I did not get this until 6 months after my husband started to get AA.

Are you saying your husband gets DLA and AA at the same time?

The usual practice would be to consider the care part of DLA - are you sure he doesn't get the care part of DLA (even though the application was for AA - i have seen them treat it as a change of circs for DLA).



IQ

nannytone_2

Icequeen99 wrote: »

Are you saying your husband gets DLA and AA at the same time?

The usual practice would be to consider the care part of DLA - are you sure he doesn't get the care part of DLA (even though the application was for AA - i have seen them treat it as a change of circs for DLA).



IQ

it IS possible to receive both DLA and AA at the same time, although unusual.

a DLA award can only be reconsidered after age 65, and as no care award was in place, there would be nothing to 'look at again' that is why a claim for AA is the appropriate thing in that case

Alice_Holt

I don't think it is possible to claim both DLA and AA at the same time.

This is from http://www.welfarerights.net/benefits-guides/Disability-Living-Allowance-

"Q: I already have the high rate mobility component (£57.45 wkly), I am now aged 69. I now need help with my care, does this mean I have to claim Attendance Allowance?

A: No. If you have D.L.A before age sixty-five it continues as long as you continue to meet the qualifying conditions. You should contact the D.L.A unit in Blackpool and explain how your care needs have increased, and that you now feel you could possibly qualify for the care component, you can only add the middle or high care as you are now over 65 plus your new care needs should have existed for six months instead of three for under 65's."

nannytone_2

whether its an anomaly or not ( in the same way that there are still some people with children that still claim income support and not child tax credits) it can happen. when i worked for DIAL we had a client that received high rate mobility DLA and the lower rate of AA

SonnyBoy

Thanks for the quick replies, guys, I think you may have saved me from making a huge mistake. On your advice, I'm going to visit my local CAB and ask about a supercession.

Alice_Holt

Nannytone - re your post 9. I think that was likely to have been a DWP error (probably their systems not linking).

Shramber's post from the AA claim pack states one of the eligibility criteria as:
"• you are not entitled to Disability Living Allowance"

I would strongly advise the OP and his mum to follow your advice in post 2.

Or, at least, take advice from their local CAB before making an AA application.

I think there could be a risk that an AA applicaion would end the DLA claim, and an AA application would not necessarily succeed. (But hopefully as DS said the DWP would take the AA form as a supercession / change of circumstances for an existing DLA award).
The care needs recognised by a DLA HR mob award and a LR care award would not give rise to a AA award.

The OP should also be aware that if his mum applies for a supercession, the DWP will review the whole award. So, they need to be sure that they can evidence the care needs necessary for a miiddle (or high) care award.