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AA
- maggiep
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10 years 5 months ago #126529 by maggiep
AA was created by maggiep
Hi,
I need advice about Attendance Allowance for an elderly relative. She already receives lower rate AA and applied for the higher rate and has been turned down. I want to know the procedure. Do I ask for the reasons for their decision or should I submit more evidence as she only sent her claim form in with her claim and no additional evidence?
I have read your members only guide which will help me with my next step. My relation is 90 years old, lives alone and can only move about with a walking trolley/ frame. She has a number of serious health issues. Can you advise, many thanks.
I need advice about Attendance Allowance for an elderly relative. She already receives lower rate AA and applied for the higher rate and has been turned down. I want to know the procedure. Do I ask for the reasons for their decision or should I submit more evidence as she only sent her claim form in with her claim and no additional evidence?
I have read your members only guide which will help me with my next step. My relation is 90 years old, lives alone and can only move about with a walking trolley/ frame. She has a number of serious health issues. Can you advise, many thanks.
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- Gordon
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10 years 5 months ago #126532 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic AA
villagegirl
The first thing you need to do is make sure that your relative is potentially eligible for the higher rate of AA.
The higher rate is for claimants who have substantial care requirement both day and night, so if the current award is for care during the day or care during the night, then a worsening of their current requirements will not result in an increased award. Also, Attendance Allowance takes no account of mobility needs, so a deterioration of their needs in this area will also not result in an increased award.
If your relative does now have care needs both day and night then the process you need to go through is to request a Mandatory Reconsideration of the Decision, we don't have a specific guide for this as the subject comes up so infrequently, however, you can use the DLA guides as the process is identical. See our DLA MR & Appeal guide and related documents on the following link.
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
Once the MR is registered with the DWP then you can submit further evidence in support of the claim.
There should have been two letters in regard to the Decision, the first is a Decision Notice stating that no increased award has been made, the second should be a Statement of Reasons explaining why no award was made, you should try and get hold of this latter to help you target your evidence.
If you have any further questions then please reply to this post and we will do our best to help.
Gordon
The first thing you need to do is make sure that your relative is potentially eligible for the higher rate of AA.
The higher rate is for claimants who have substantial care requirement both day and night, so if the current award is for care during the day or care during the night, then a worsening of their current requirements will not result in an increased award. Also, Attendance Allowance takes no account of mobility needs, so a deterioration of their needs in this area will also not result in an increased award.
If your relative does now have care needs both day and night then the process you need to go through is to request a Mandatory Reconsideration of the Decision, we don't have a specific guide for this as the subject comes up so infrequently, however, you can use the DLA guides as the process is identical. See our DLA MR & Appeal guide and related documents on the following link.
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
Once the MR is registered with the DWP then you can submit further evidence in support of the claim.
There should have been two letters in regard to the Decision, the first is a Decision Notice stating that no increased award has been made, the second should be a Statement of Reasons explaining why no award was made, you should try and get hold of this latter to help you target your evidence.
If you have any further questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: maggiep
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