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Attendance allowance - higher rate and backdating
- CG31
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4 years 10 months ago #235097 by CG31
Attendance allowance - higher rate and backdating was created by CG31
Hi,
In October 2017 my mum was awarded the lower rate after a Mandatory reconsideration (used the guide), at that time she needed less help at night. This has changed over the last year following diagnosis of dementia and deterioration of health.
DWP have sent me letter dated 8 July but with date of 8 April 2019 as the date to look at the claim again. I should have made a this claim earlier - is it worth asking them to backdated it - I think we have medical evidence of increased need from an earlier date, Mum had two weeks in hospital following a fall in early February but the problems were evident before that with increased incontinence and confusion, a nigh time lifeline has also been installed following her discharge from hospital, care going 4 times per day including bedtime - the reason for delay is ....needed help to complete the form as unable to complete by myself. Is this enough? Or will it confuse the issue to ask them to backdate it. I was distracted by the process of applying for Power of Attorney which came through around May 2019.
Also I'm confused by the letter (DBC420) which includes forms headed "your reply... what do you want us to look at again....fill in all of form DBD138. I think I need to include the above form in the letter DBC420 is that correct.
Thank you
CG
In October 2017 my mum was awarded the lower rate after a Mandatory reconsideration (used the guide), at that time she needed less help at night. This has changed over the last year following diagnosis of dementia and deterioration of health.
DWP have sent me letter dated 8 July but with date of 8 April 2019 as the date to look at the claim again. I should have made a this claim earlier - is it worth asking them to backdated it - I think we have medical evidence of increased need from an earlier date, Mum had two weeks in hospital following a fall in early February but the problems were evident before that with increased incontinence and confusion, a nigh time lifeline has also been installed following her discharge from hospital, care going 4 times per day including bedtime - the reason for delay is ....needed help to complete the form as unable to complete by myself. Is this enough? Or will it confuse the issue to ask them to backdate it. I was distracted by the process of applying for Power of Attorney which came through around May 2019.
Also I'm confused by the letter (DBC420) which includes forms headed "your reply... what do you want us to look at again....fill in all of form DBD138. I think I need to include the above form in the letter DBC420 is that correct.
Thank you
CG
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- Gordon
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4 years 10 months ago #235106 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Attendance allowance - higher rate and backdating
CG
Who initiated the review? If you did then the date that you notified the DWP of the Change should be the date that is used for any increased award. If the DWP did then it will be the date the Decision is made, you may be able to argue an earlier date but you will always be up against your not having notified them earlier.
You do understand that the Higher Rate of Care is not awarded because your mother's conditions have deteriorated? It will only be awarded because you have shown that she now has care needs overnight as well as the ones she has during the day.
The DBD138 is used to request a supersession (review) of an existing award of DLA or Attendance Award. I'm guessing the DBC420 letter is a covering letter for the form, I can't find anything with this reference.
Gordon
Who initiated the review? If you did then the date that you notified the DWP of the Change should be the date that is used for any increased award. If the DWP did then it will be the date the Decision is made, you may be able to argue an earlier date but you will always be up against your not having notified them earlier.
You do understand that the Higher Rate of Care is not awarded because your mother's conditions have deteriorated? It will only be awarded because you have shown that she now has care needs overnight as well as the ones she has during the day.
The DBD138 is used to request a supersession (review) of an existing award of DLA or Attendance Award. I'm guessing the DBC420 letter is a covering letter for the form, I can't find anything with this reference.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- CG31
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4 years 10 months ago #235109 by CG31
Replied by CG31 on topic Attendance allowance - higher rate and backdating
I initiated the review so maybe 8 April 2019 is a typo
My mother's care needs daytime and overnight have increased so making the review on that basis. I will try for the decision to be backdated.
DBD420 - sorry typo - I will complete it all, think that something is just out of order in the letter.
Thank you
My mother's care needs daytime and overnight have increased so making the review on that basis. I will try for the decision to be backdated.
DBD420 - sorry typo - I will complete it all, think that something is just out of order in the letter.
Thank you
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