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DLA for life has been stopped
- bendaw
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11 years 3 months ago - 11 years 3 months ago #115459 by bendaw
DLA for life has been stopped was created by bendaw
My disabled female friend (age 71) was given mobility at high rate and care at low rate for life in 1995.
She recently applied for review as her care needs have increased and has today been told the mobility stays but she was not entitled to the care award from age 65 and she will get nothing in future.
Is this right?
She recently applied for review as her care needs have increased and has today been told the mobility stays but she was not entitled to the care award from age 65 and she will get nothing in future.
Is this right?
Last edit: 11 years 3 months ago by Gordon.
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- Gordon
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11 years 3 months ago #115461 by Gordon
Based on your post no! If a claimant was in receipt of DLA Care and/or Mobility prior to their 65th birthday then they will remain entitled to them after they are 65.
However, you say that their DLA was reviewed, I think it much more likely that the Care component was removed because the Decision Maker did not believe that they met the criteria.
They can challenge this Decision, if the letter informing them of the Decision was after 28 October then they will likely have to request a Mandatory Reconsideration first, if it was before, then they can lodge an appeal. The normal time frame for making a challenge is one month from the date of the Decision, so if it is longer than this then they will also have to explain the delay.
I would recommend that they get face to face advice
Where to get advice?
The following fact sheet may also be of use
Disability Rights UK Factsheet - Appeals and reconsiderations
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA for life has been stopped
bendaw wrote: My disabled female friend (age 71) was given mobility at high rate and care at low rate for life in 1995.
She recently applied for review as her care needs have increased and has today been told the mobility stays but she was not entitled to the care award from age 65 and she will get nothing in future.
Is this right?
Based on your post no! If a claimant was in receipt of DLA Care and/or Mobility prior to their 65th birthday then they will remain entitled to them after they are 65.
However, you say that their DLA was reviewed, I think it much more likely that the Care component was removed because the Decision Maker did not believe that they met the criteria.
They can challenge this Decision, if the letter informing them of the Decision was after 28 October then they will likely have to request a Mandatory Reconsideration first, if it was before, then they can lodge an appeal. The normal time frame for making a challenge is one month from the date of the Decision, so if it is longer than this then they will also have to explain the delay.
I would recommend that they get face to face advice
Where to get advice?
The following fact sheet may also be of use
Disability Rights UK Factsheet - Appeals and reconsiderations
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: bendaw
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 3 months ago #115486 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic DLA for life has been stopped
As a DLA Claimant aged over 65 years of age on an indefinite award (formerly called life awards) I'd just like to clarify that claimants aged 65 years or over with indefinite awards of DLA care and/or mobility awards will continue to receive DLA.
There are currently no plans to migrate them to PIP. Whether or not this will change would be speculative.
There are currently no plans to migrate them to PIP. Whether or not this will change would be speculative.
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
The following user(s) said Thank You: bendaw
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- bendaw
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11 years 3 months ago #115502 by bendaw
Replied by bendaw on topic DLA for life has been stopped
Thanks Gordon and Jim.
I'll pop round tomorrow to read this DLA letter and take it from there
I'll pop round tomorrow to read this DLA letter and take it from there
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