Attendance Allowance

Caretaker48

Hello All.

Hope I am in the right place here

.I am back with more questions relating to my wifes Attendance Allowance, now after sending in the completed form and asking

a mandatory reconsideration after being rejected the outcome is still the same, my wife's ailments have not change in fact gone worse

I asked and got  her doctor for a letter in the hope that might still work, but  even with the the letter of my wife's health history its still a NO !! The reason they refused was they said my wife  did not

need to be supervised during the day / night as I was there.

From there own website It says    You do not need to have someone caring for you in order to claim.

I would appreciate any help as to where we go with this, We both can not understand how my wife was awarded it in the first place, Do we try again after April ?

TIA Caretaker 48

Brie

The only concrete thing I can state is that if you are there she is being supervised.  So I would think that it's something about why supervision might be necessary that hasn't been outlined sufficiently.

The problem with AA applications is that people unwittingly down play the issues.  If the question is "can you run for the bus?" and someone says "yes" then they don't get a payment.  If instead they answer "I can try to run for the bus but if I do I won't be able to breathe and am unlikely to get out of bed for the following 2 weeks" then they are putting the issue into the context that outlines the issue more appropriately and in a way that might lead to a successful application.

Have you got some knowledgeable organisation that can help you with an appeal?  Citizen's Advice is good or someone that works for an organisation related to whatever issues your wife might have.  i.e. if she has MS then MS society or if she has early onset dementia then Alzheimers Society.  

teddysmum

If  I remember correctly, it does specify that at night the applicant must need a carer who stays awake. I sometimes need help but my husband wakes when he senses I have left the bedroom, so I am not a candidate for this part of the award.

Alice_Holt

"I would appreciate any help as to where we go with this, We both can not understand how my wife was [not] awarded it in the first place, Do we try again after April ?"


 You appeal the MR decision (if you think it's incorrect) to the Tribunal Service. The MR letter will give you your appeal rights.
Most MR decisions are unchanged, it's at appeal where you stand the best chance of getting a flawed decision overturned.

Guides here about benefit appeals:

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/attendance-allowance/attendance-allowance-appeals/appeal-an-attendance-allowance-decision/

https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs74_challenging_welfare_benefit_decisions_fcs.pdf

https://assets.publishing.service.gov.uk/media/63ecabe0d3bf7f62ecf1d97f/SSCS1_0821_save.pdf


Note that the Tribunal panel are there to decide if the DWP decision was correct or incorrect. They will look at your wife's condition / abilities at the date of the decision, any subsequent health deterioration is not taken into account. 


I'd suggest getting advice from your local advice charity.


If your wife's condition has got significantly worse and she requires more help / supervision from yourself then you can also consider reapplying, but again I'd suggest seeking help to complete the AA form (as the first was refused).

Murphybear

Brie said:

The only concrete thing I can state is that if you are there she is being supervised.  So I would think that it's something about why supervision might be necessary that hasn't been outlined sufficiently.

The problem with AA applications is that people unwittingly down play the issues.  If the question is "can you run for the bus?" and someone says "yes" then they don't get a payment.  If instead they answer "I can try to run for the bus but if I do I won't be able to breathe and am unlikely to get out of bed for the following 2 weeks" then they are putting the issue into the context that outlines the issue more appropriately and in a way that might lead to a successful application.

Have you got some knowledgeable organisation that can help you with an appeal?  Citizen's Advice is good or someone that works for an organisation related to whatever issues your wife might have.  i.e. if she has MS then MS society or if she has early onset dementia then Alzheimers Society.  

Sadly 58% of people are turned down for AA.  The main reason seems to be that people have  underestimated their problems and needs.

i applied for AA about 18 months ago and was awarded it.  After that I helped quite a few people apply, all successful.  From what I remember I wasn’t asked if I had care or lived with anyone else who could/did provide care, all they wanted to know was if I needed care.  There is a big difference in this.  

According to the government you don’t have to spend your AA on care you can spend it on anything that will improve your quality of life.  I live in sheltered housing and there are no buses to the local GPs/hospitals and quite a few people with AA use it for taxis to get to these places.  

Did you keep a copy of your application?  If so it would be very helpful to show it to Help the Aged/CA or someone who has experience of it.  They may be able to identify any issues that may have caused your application to be turned down

If you can’t get this decision changed then see if you can find out how soon you can apply again, I don’t know if there is a time limit.  Others on here may know.  

Hopefully you can get this sorted.  If I can help you with anything else please let me know.

regards

MB