DLA - Mobility compotent - why not try for the highest rate?

nemo183

Hi.

This is just a suggestion to all (parents) or others who are currently claiming less than the highest rate of the mobility component of DLA.

It is very easy, having made the initial claim, over a period of time to not realise that any claimant of anything less than the maximum rate of this allowance may have a condition that has worsened to the point where they should re-apply for the maximum rate.

Although the form that needs filling in seems to suggest that only certain extreme cases qualify, I'm sure it's just designed that way to put people off applying - especially when it mentions they can also reduce as well as increase the benefit.

To take some conditions of which I have some knowledge, I'd suggest that any parent with a child at the severe end of either the autistic spectrum, very bad epilepsy, or a child with severe Tourettes, could put forward a sound case for claiming the highest rate of mobility allowance. In practical terms, this means that you could qualify for the "Mobility" scheme - i.e. 100% finance and servicing costs of a new car, for free.

I'm personally attempting this at the moment, and will report back on any success or failure.

If you do decide to give this a go, you must get the full support of the doctor/consultant dealing with the applicant, and send them a copy of the application form so that everyone is singing the same song.

Please note, I am not suggesting that anyone applies without giving the matter careful consideration. However, it's easy to forget that as your child gets older, there are many practical reasons that may rule out any form of access to public transport. The application form suggests that the higher rate is limited to those unfortunate enough to have lost limbs - however, the fact is it can be awarded to anyone who has severe mobility problems, and may pose a risk to themselves or others using public transport.

Sorry to make this post so long, but if anyone requires additional help or info, I'll post the details of some useful contacts

Curry_Queen

There are only two rates payable for the mobility part of DLA, lower and higher, with the higher award only being awarded for extreme cases of physical disability, e.g. those who are wheelchair bound or cannot walk more than a certain distance without extreme pain and discomfort, or risk to health. It is not restricted to only those who have lost limbs.

The lower award is more likely to be paid for those needing assistance when outdoors, whether it be for physical problems or mental health problems, such as agoraphobia, anxiety or becoming disoriented etc when outdoors, but are still able to physically manage to walk unaided.

The Motability car scheme is nothing more than a lease contract, and you never actually own the vehicle, so it's not such a cost effective way to obtain a car, although for many people on benefits who do receive the higher mobility allowance, this is probably the only way they can actually manage to obtain a decent car because very few finance companies would lend them the money otherwise!

Ted_Hutchinson

disability alliance Factsheet for those claiming DLA on Mental Health grounds.

I think the point folk should be aware of is that being virtually unable to walk is a significantly different from needing guidance or supervision when walking in unfamiliar places so someone who qualifies for the lower rate of mobility, (needing supervision or guidance when walking in unfamiliar places) may not necessarily qualify for the higher rate should their mental health condition worsen. While they are able to put one foot in front of the other for over 50 meters and manage to make progress in a reasonable speed, manner or gait then they may not be regarded as virtually unable to walk.
I'm not however putting anyone off claiming, It's the Decision Maker's job to make the decision and providing you consult the guides or get help so you present your case as well as possible and follow through with an appeal if you consider the decision not to award was unjust, then you will have done all you can.

nemo183

I guess what I feel about this is that it is sometimes hard to accept the fact that someone who originally was able to claim at the lower rate may, over time, qualify for the higher rate, and that the rules surrounding this are more flexible than they appear.

With regard to the Motorbility scheme, it seems to me that the higher rate would cover the entire lease costs of the car - or have I misunderstood the whole concept (entirely possible!!)

Savvy_Sue

nemo183 wrote:

With regard to the Motorbility scheme, it seems to me that the higher rate would cover the entire lease costs of the car - or have I misunderstood the whole concept (entirely possible!!)

I think you're right there, there are special motability lease schemes. Ted is far more knowledgeable than I am, but you need to be aware that if you use your Higher Rate allowance to get the special motability lease, there may be a problem if you lose the higher rate.

Curry_Queen

nemo183 wrote:

I guess what I feel about this is that it is sometimes hard to accept the fact that someone who originally was able to claim at the lower rate may, over time, qualify for the higher rate, and that the rules surrounding this are more flexible than they appear.

I'm not quite sure what you mean by this, or that the rules are more flexible for existing claimants, as it's my experience and understanding that each claim is looked at independantly and awarded based on that particular application, be it a new claim or a renewal. The DM reading your application probably won't even have seen your previous claim form(s) and have no knowledge of your illness/condition apart from what's currently written in front of him/her.

There are no guarantees that a claimant will even continue to receive the rates they were previously awarded and I've heard of many cases where people ended up with a lower rate or even no DLA at all!

If an illness or medical condition has deteriorated significantly, and there's medical back-up as proof, then you can always make a fresh claim to try for a higher award but it's a big risk to take unless you're absolutely confident of fitting the criteria for that particular award level.

Curry_Queen

Zziggi wrote:

If the DM doesn't have your old claim forms, then i wonder why so many welfare rights people tell claimants on renewal to reword their DLA renewal forms and not to submit exactly the same worded DLA forms even if the medical conditions have remained unchanged? Surely if the DMs didn't have the old forms then it wouldn't matter if the renewal forms were word-for-word the same as the old forms?

I'm not sure exactly how it works and only going by what I've seen on other forums and the advice given by benefit workers there. They always say to write out your renewal claim as if you're making a fresh claim because if you just put "nothing has changed" or "same as before" the DM might not have a clue as to what you're referring to as they just don't have the time to go through previous forms

Ted_Hutchinson

CQ is quite right that simply writing "no change" isn't generally advised. If you have a copy of your previous claim form it is better to rewrite what you wrote before (if that information still applies). If you haven't kept a copy of your previous claim then you can ask for a photocopy of it from the DBU.

Curry_Queen

Ted_Hutchinson wrote:

If you haven't kept a copy of your previous claim then you can ask for a photocopy of it from the DBU.

That's very helpful to know, thanks! I did have a rough copy of notes that I'd made, but haven't a clue where they are now, and also wrote a lot ad lib directly on the form which I don't have a record of anyway. I remember how terribly stressful it was to fill out the first time around (took me about 6 weeks to complete in all I think) so having a copy to use as a guideline would be extremely helpful for my renewal

nemo183

Hi Curry Queen.

Yes, I accept all you say - especially the bit about making sure everything is backed by medical records. I also think the forms are almost deliberately designed to put off a first application, let alone a change in condition, because it is so important to provide every last detail you can and have it backed up with medical evidence.

Finally, I quess only we know how the applicants condition has changed, and this is probably not the place to go into every last detail. However, when I get a final decision on the case I'm dealing with, I'll make a brief posting to say if we succeed or fail, and the reasons behind it, just in case it helps anyone else.

nemo183

Time drags on (although they do promise a firm decision within 11 weeks) - and have had some positive news. After completing the form, I think I mentioned sending a copy to all 4 consultants that were named in it. Have just had copies of 2 of the replies to the department - both supporting the application at the higher rate. Fingers crossed!!!