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Attendance Allowance and Carer's Allowance
- elaine pyrke
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7 years 8 months ago #167986 by elaine pyrke
Attendance Allowance and Carer's Allowance was created by elaine pyrke
I’m trying to help a friend with elderly infirm parents about benefits I don’t know much about – I have read the AA Guide which is brilliant and looked at the FAQ but am still a bit unclear on the following points.
1 Her mother has just been granted AA at the lower rate, but, since first applying, her needs have increased so she needs help at night as well as during the day. So I think this means a supercession rather than a mandatory reconsideration/appeal.
If she writes in with a Change of Circumstances, and gets the higher rate, would this be backdated to when the change happened, or only to the date she lets them know?
2 Her father has a rare disease not listed in the A-Z of medical conditions and has been turned down for AA altogether. No medical assessor came to see him as part of the process. Does this mean that the decision was made by a civil servant with no input from a medically trained person?
3 She is thinking of applying for Carer’s Allowance herself. I can’t find any definition of what ‘caring’ actually is, and what counts towards the 35 hours – does it include time going shopping for her mum but without her, chasing up care workers, filling in forms, travelling to her mum’s house?
Many thanks
Elaine
1 Her mother has just been granted AA at the lower rate, but, since first applying, her needs have increased so she needs help at night as well as during the day. So I think this means a supercession rather than a mandatory reconsideration/appeal.
If she writes in with a Change of Circumstances, and gets the higher rate, would this be backdated to when the change happened, or only to the date she lets them know?
2 Her father has a rare disease not listed in the A-Z of medical conditions and has been turned down for AA altogether. No medical assessor came to see him as part of the process. Does this mean that the decision was made by a civil servant with no input from a medically trained person?
3 She is thinking of applying for Carer’s Allowance herself. I can’t find any definition of what ‘caring’ actually is, and what counts towards the 35 hours – does it include time going shopping for her mum but without her, chasing up care workers, filling in forms, travelling to her mum’s house?
Many thanks
Elaine
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- Gordon
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7 years 8 months ago #168023 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Attendance Allowance and Carer's Allowance
Elaine
To try and answer your questions
1. Yes, they need to notify the DWP of a Change of Circumstances in writing, this should then result in a new AA Claim form being issued with the possibility of a face to face assessment being required. It should be backdated to when the DWP are notified, it may be possible to argue further backdating but as changes need to be notified within 30 days if reasonably possible, they may struggle to do this.
2. No, the DWP have access to medical support so some review of the form was done by a medically trained person. I would request all of the documentation used in the making of the Decision. They need to request a Mandatory Reconsideration of the Decision, have a look at the DLA section for more information.
3. To claim Carers Allowance she needs to be caring for somebody with an AA, DLA MRC or HRC or PIP Daily Living award. She needs to be reasonably providing 35 hours of care a week, the care is not defined but has to be of benefit to the caree so the things you mention in your post would be included with the possible exception of travel time.
If she is able to claim CA then she may be also able to claim Income Support subject to her circumstances.
Gordon
To try and answer your questions
1. Yes, they need to notify the DWP of a Change of Circumstances in writing, this should then result in a new AA Claim form being issued with the possibility of a face to face assessment being required. It should be backdated to when the DWP are notified, it may be possible to argue further backdating but as changes need to be notified within 30 days if reasonably possible, they may struggle to do this.
2. No, the DWP have access to medical support so some review of the form was done by a medically trained person. I would request all of the documentation used in the making of the Decision. They need to request a Mandatory Reconsideration of the Decision, have a look at the DLA section for more information.
3. To claim Carers Allowance she needs to be caring for somebody with an AA, DLA MRC or HRC or PIP Daily Living award. She needs to be reasonably providing 35 hours of care a week, the care is not defined but has to be of benefit to the caree so the things you mention in your post would be included with the possible exception of travel time.
If she is able to claim CA then she may be also able to claim Income Support subject to her circumstances.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: elaine pyrke, Kazzy
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