How bad do you have to be to claim attendance allowance

Two questions really, first time here, so cannot decide which board, one tax question one benefits.
I am in the process of helping my mother in law claim attendance allowance.
However, I am just wondering how bad you have to be do get it.
A GP friend doubts whether she will be sucessful, however, someone she knows claims attandance allowance, and my mother in law is much worse than her really.
The problem is (if indeed it is a problem) is that mother in law is quite a remarkable woman, and appears much much younger both physically and from an attitude point of view.
If she had to have an exam by a doctor, I think that they would be swayed by this, so I am wondering how bad you have to be to claim, and what you need NOT to be able to do (if that makes sense)
Also, my late father in law was a vicar and lthey lived in the vicarage which was not owned by them.
They bought a house however, with a view to living in it when he retired, which they did.
She lives there now.
She will need to sell it if she comes to live with us, which she may need to at some stage.
Does the fact that they did not live in it for a number of years mean that she will pay capital gains tax on it, because it was not always her principal private residence?
Thank you
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Comments

  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    Benefits I think so I've moved it over here.
  • CAE
    CAE Posts: 644 Forumite
    RE Attendance Allowance:

    Social Services suggested a claim for attendance allowance, and they arranged for the form to be sent. They also arranged for someone from Age Concern to come out and help fill in the form. The lady from Age Concern was used to completing the form for clients, and knew how to phrase the answers, and how much detail to put. It was clear to us that Attendance Allowance would be payable (at the higher rate) but Dad, as main carer, tended to play things down. Mum was by then no longer able to dress, wash or bathe herself. Also no longer able to do any normal household tasks, such as cleaning shoppping or cooking. Medication had to be controlled by someone else, and she needed attention during the night. All of the finer detail had to be 'teased out' to complete the form. The claim was backdated to the date the form was requested. At least receiving the allowance meant that we could pay for some additional help. Unfortunately 7 months later Mum was in full time residential care, and with hindsight we should have claimed for Attendance allowance much earlier.

    Hope this helps.

    Sorry can't help with Capital Gains Tax query
  • Biggles
    Biggles Posts: 8,209 Forumite
    1,000 Posts Combo Breaker
    If she has a practice nurse or district nurse visit, collar them to help you fill the form in. Not only do they know the terminology, they know your m-i-l's condition and which aspects of it to highlight. They are usually very helpful.
  • RevTimms
    RevTimms Posts: 54 Forumite
    Thanks everyone for the advice.
    Margaret, could you explain "worst case senario" for me please.
    Sorry to appear stupid, but there are parts of the form that ask how many hours you need the help for and how many times a day etc.
    How do you fill this in?
    Its just that she would not lie, and I could not lie also. She would rather do without.
    I know this makes her sound as if she is a meek little old lady, but she is anthing but.
    Its just that she always wants to to the right thing.
  • Savvy_Sue
    Savvy_Sue Posts: 47,110 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The 'worst case' is on your worst days. So if, on a good day, she can manage to take a bath unaided but on a bad day she can't, you say she can't take a bath unaided.

    I have a friend with ME (means his condition and capability varies from day to day) who I think says things like "on 4 days out of 7 I cannot manage to climb the stairs". But that's not for Carers Allowance.

    Generally people advise getting help with these forms, it does pay off!
    RevTimms wrote: »
    Also, my late father in law was a vicar and lthey lived in the vicarage which was not owned by them.
    They bought a house however, with a view to living in it when he retired, which they did.
    She lives there now.
    She will need to sell it if she comes to live with us, which she may need to at some stage.
    Does the fact that they did not live in it for a number of years mean that she will pay capital gains tax on it, because it was not always her principal private residence?
    Thank you
    This question I would post separately on the Cutting Tax Board and add a bit of detail: I think it matters how many years it WAS her PPR for, and for how many it was not. It may also matter what 'profit' (or Capital Gain) she has made on it. So they may not be able to give a straight answer.
    Signature removed for peace of mind
  • As an ex disability rights advisor my best advice would be to obtain expert guidance before attempting any health related benefit claim. Its not about how able you are in completing forms, its how you word it. Try your local CAB.
  • JohnnieW
    JohnnieW Posts: 40 Forumite
    You should definitely contact age concern who can help you fill in the form.

    Roughly speaking, you need to need help for about 5 hours per day to claim the middle rate of attandance allowance. It is obviously less for the losest rate and higher for the higher for the highest rate.

    You need to need help with personal care, eg, washing, dressing, toileting, feeding etc.



    Always write the 'worst-case scenario'. If you can sometimes do it, don't put that - always write it as if you can never do it. Some days are better than others, in other words - always write it as if every day was a bad day.


    M

    Do not do this. This is very bad advice. You would be saying you need more care than you actually do. You would be lying. You would be making a false statement, and this is benefit fraud. I do not blame your mother in law or yourself for not wanting to do this. A friend of mine is defending someone accused of this type of fraud. Someone in the pub overheard him bragging, and did not like him apparently!

    Savvy Sue is right, you should say "I need help 5 out of 7 days" for example.

    Needing someone to help you on with socks and shoes would be insufficient to legally claim attandance allowance, if that was all the care that was needed. (Unless of course you are taking your socks and shoes off all day long.

    Your mother will still be eligible for PPR on the house, as the period of absence in this case would be to move into job related accomodation. You should get professional advice still, just to make sure your dates are ok.
  • krisskross
    krisskross Posts: 7,677 Forumite
    My husband is having a nasty flareup of rheumatoid arthritis at the moment. It is mainly affecting his right arm and ankle which means his mobility is affected as is his ability to shower and dress unaided. It is also completely messing up his diabetic control, we need to up his insulin, because of the inflammatory process plus the additional steroids he needs to get the RA back in it's box.

    We tried for Attendance allowance as he truly would not manage MOST of the time if I was not here. It was turned down, probably as we told the absolute truth. He hated the whole process of claiming and we won't go through it again although I honestly feel that he is entitled to it.
  • Biggles
    Biggles Posts: 8,209 Forumite
    1,000 Posts Combo Breaker
    CAB, Age Concern etc aren't medically qualified and don't know your m-i-l's condition, so can only rely on what you or she tell them.

    The practice/district nurse who visits most regularly will know all her medical history, which you probably wouldn't. I found ours knew exactly what was relevant and how to word the form to maximum effect.
  • JohnnieW
    JohnnieW Posts: 40 Forumite
    Krisscross, I am sorry you have been refused attendance allowance.
    Please appeal. Statistically, more people are sucessful on appeal than on first attempt.
    It truly is a shame when people like you who want to be honest and open about the level of help they need are turned down, yet others who are prepared to lie are sucessful.
    Please appeal.
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