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" changes in circumstances "

  • beebee
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13 years 6 months ago - 13 years 6 months ago #29482 by beebee
effect on carers allowance? was created by beebee
i was recently been awarded dla and wish to appeal.

im worried that if i appeal my mother will loose her cares entitlement.

If i appeal will i still receive dla and my mothers cares allowance in the interim.?

I made a mistake when sending in the forms and failed to send in extra information reguarding the care i get from my mother and father of a night time.

beebee
Last edit: 13 years 6 months ago by Crazydiamond. Reason: Thread merged - same subject matter.

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13 years 6 months ago - 13 years 6 months ago #29503 by Crazydiamond
Replied by Crazydiamond on topic Re:effect on carers allowance?
beebee wrote:

i was recently been awarded dla and wish to appeal.

im worried that if i appeal my mother will loose her cares entitlement.

If i appeal will i still receive dla and my mothers cares allowance in the interim.?

I made a mistake when sending in the forms and failed to send in extra information reguarding the care i get from my mother and father of a night time.

beebee


If you appeal the DLA decision you will still receive DLA and your mother will still receive Carers Allowance, but there are risks with an appeal, so please see this thread HERE.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 13 years 6 months ago by Crazydiamond. Reason: Thread merged - same subject matter.

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  • beebee
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13 years 6 months ago #29600 by beebee
Replied by beebee on topic " changes in circumstances "
First of all i got a decision back in 2 weeks :) its an indefinite award but im not happy with the decision . Givin that the devil incarnate ian duncan smith himself wants everyone off benefits i'll count my lessings for now.

Important info reguarding night care that my mother filled out was mistakingly not sent and hence was not awarded DLA HC.

Can i appeal on grounds that a sopporting letter " someone who knows me " wasent sent in." or " mistakingly wasent with the claim pack ."?

and

" changes in circumstances "

i thought about leaving it 6 months and then sending letters and forms if needed to report my night time cares " changes of circumstances " have worsend . could or would they then consider HRC award.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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13 years 6 months ago #29602 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:" changes in circumstances "
Hi B,

If there has been a material change in your circumstances, then legally, you must let the DLA Unit in Blackpool know. This only applies to claimants who's needs have worsened and may warrant a higher award of mobility or care.

If someone on HRM & HRC needs worsen, there is no need for them to let the DLA Unit know since no matter how much their needs have worsened, they cannot be awarded any more, as they already receive the highest awards.

Hope this explains things.

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • beebee
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13 years 6 months ago #29610 by beebee
Replied by beebee on topic Re:" changes in circumstances "
I have been awarded HRC in the past, 10 years ago. I now get MC based on daytime needs however due to sleep/wake cycles i have ( neurological condition ) i maybe awake most of the night, and spend half of the day in bed or vice versa. So of a nighttime due to my sleep paterns i need help and supervion as i would of a daytime.

The award is to prevent danger to myself or others.

I've been told i can avoid danger by staying in bed .

Do they expect me to just lie there completly awake and to avoid danger dont go the toilet brows the net etc.

It makes me angry.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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13 years 6 months ago #29631 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:" changes in circumstances "
Hi BB,

The suggestion that you stay in bed to avoid danger is to me illogical and probably illegal.

I can only suggest that you appeal the decision not to award you HRC to a independent tribunal, but not before you seek 'face to face' advice from a welfare rights worker. Your local CAB should be able to provide this advice, if not, then contact Community Legal Advice [/url who should be able to provide details of local advisers in your area.

Good luck.

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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