- Posts: 2022
DLA Care Assistance
- Cameron2316
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- Crazydiamond
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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Cameron2316
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- Cameron2316
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I have been caring for my husband for the last few yrs, (Retinitus Pigmentosa - Reg Blind, back probs now having additional issues with hearing). Unfortunately I have experienced a lot of difficulties with Neurological Dsyfunctional Syndrome, (funtional probs, headaches, slurred speach, dizziness, projectile vomiting). I have applied for DLa high rate care & mobility. I was honest & explained to the Advice centre that my husband was on DLA high rate care, low mobility but we had outside help with our care needs via our son & my niece. The advisor said she advised that we put my husband down as my main carer as he resides with me at my home. However my case has gone to tribunal stage but was adjourned due to underlying entitlment. The adviser also completed a Carers Allowance claim pack which gave me underlying entitlement - no money paid. The new tribunal date is 2/6/11 from the evidience they have sent it looks like they believe there to be something suspicious. Can a husband & wife not care for each other along with additional help from outside resources. I went on the best advise given by the advisor bearing in mind due to my disability I get confused. Can someone please help me I feel like Iv broken some law by being a carer but taking ill myself. Any assistance would be greatly appreciated Im stressed out.
Can anyone help me crazy diamond asked me if I was refering to DLA or Carers allowance to which I replied = DLA
unfortunately I havent received a response, (he maybe unable to respond just now - if so apologies). I would be really grateful for some advice please
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- Gordon
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- Posts: 51288
I am sorry we missed your reply but with 300-400 posts a day, sometimes it happens.
It sounds like the Tribunal are concerned that your caring activities are not compatible with your own caring needs.
The issue with a couple caring for each other, whilst both claiming either an incapacity or disability benefit, is whether the caring is compatible with their own ailments.
To give an example, that would probably be acceptable. A couple, one with a physical disability and the other with a mental one. The former is able to prompt the other to carry out their daily care requirements, whilst the latter is able to carry out the physical tasks that the former cannot.
Looking at it the other way, two people with mental issues would struggle to prompt each other to carry out caring tasks. A couple, both with physical problems would struggle to carry out the tasks in the first place.
Now I am generalising in all of these examples, and the reality is that things are not so black and white, but it sounds like you need to be able to show how you can provide your husband at least 35 hours of care a week, whithin the limitations of your own care needs.
You say that you have an advisor, what have they said about this?
Gordon
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- originaldave
I have been caring for my husband for the last few yrs, (Retinitus Pigmentosa - Reg Blind, back probs now having additional issues with hearing). Unfortunately I have experienced a lot of difficulties with Neurological Dsyfunctional Syndrome, (funtional probs, headaches, slurred speach, dizziness, projectile vomiting). I have applied for DLa high rate care & mobility. I was honest & explained to the Advice centre that my husband was on DLA high rate care, low mobility but we had outside help with our care needs via our son & my niece. The advisor said she advised that we put my husband down as my main carer as he resides with me at my home. However my case has gone to tribunal stage but was adjourned due to underlying entitlment. The adviser also completed a Carers Allowance claim pack which gave me underlying entitlement - no money paid. The new tribunal date is 2/6/11 from the evidience they have sent it looks like they believe there to be something suspicious. Can a husband & wife not care for each other along with additional help from outside resources. I went on the best advise given by the advisor bearing in mind due to my disability I get confused. Can someone please help me I feel like Iv broken some law by being a carer but taking ill myself. Any assistance would be greatly appreciated Im stressed out.
you say you have asked for higher care ? how ? did you write that in the part where you can add any info ?
you ask if they think there is something "suspicious" while I cant know whats going through the DM mind when he looks at your form ... I guess someone asking for higher rate care for a problem that would not casue many problems when one is asleep is a bit strange IMO of course .... that said if in your case you do have problems and lots of reports to back it up you have a case for higher
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