Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.
Welcome, Guest
Username: Password:
Remember me
Members
  • Page:
  • 1

TOPIC: Appeal or change of circumstance ?

Appeal or change of circumstance ? 6 years 1 month ago #66999

  • e-mat1000
Hi !, let me run this one by you, my wife has M,E and Epilepsy, previously she had been awarded the higher rate of care and the lower rate mobility, we sent in her renewal and made a mistake filling it in. We messed up the night time care !, [how many times a night does another person need to be awake to watch over you - 1, and , How long on average dose another person need to be awake to watch over you at night - 30 mins.] This was not accurate, in reality I'm awake 3-4 times a night and spend up to and over an hour each time watching over her. I have asked for a reconsideration, this was turned down, so now I dont know weather to appeal or put in for a change of circumstance ? I also would like to try and apply for the higher rate mobility at the same time or at a later date.
Any help would be appreciated !

Please Log in or Create an account to join the conversation.

Re:Appeal or change of circumstance ? 6 years 1 month ago #67017

An appeal could be considered, but the DLA decision maker would simply argue that the decision was based on the information on the claim form. Consequently, it is likely that an appeal tribunal would support this argument.

It could conceivably be argued that the decision on entitlement was based on "ignorance of material facts", but any contentions on this ground are unlikely to succeed where a claimant has failed to give full details of why, as in your wife's case, she had night needs which were previously unmentioned.

The best way forward would appear to be for your wife to reclaim DLA by referring to the guides in the DLA resources.

Please also be aware that if your wife has an existing award of DLA and a request for a supersession is made, that award could be reduced or withdrawn altogether. See Is there any risk to challenging a decision?

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:Appeal or change of circumstance ? 6 years 1 month ago #67027

  • e-mat1000
Thanks for the fast reply !,

We have been awarded the middle rate care and the lower rate mobility but need to receive the higher rate care to make ends meet. Sorry but I did'nt quite understand what you meant when you wrote "The best way forward would appear to be for your wife to reclaim DLA by referring to the guides in the DLA resources. " do you mean apply for a change of circumstance ?

Thanks again !

Please Log in or Create an account to join the conversation.

  • Page:
  • 1
Moderators: bro58GordonMrs Hurtyback