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Needs Suervison! but gets supervision? DLA vs ESA

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12 years 5 months ago #72358 by greeneyedlad
Hello, me again.

I find myself dreaming about ESA now & cant concentrate on watching any TV for long wihtout my mind wondering & thinking "i must remember to make that point, & i cant forget to write that down. Iv paper & printouts everywhere hehe.

Another question has just come to mind. I have a DLA award of High Rate Care & the reason given is because i need supervising right throughout the day & at least 20mins at night to prevent danger to myself or others. But i dont get supervised right throughout the day, i only sometimes do. The DLA Rule is thats ok, you only need to need care from another person, but you don't actually have to get it.

so my question is, is it the same rule with ESA? Because if thats the case then i should have ticked 12(a) Awareness of hazard or danger "Usually need supervision to keep you safe" instead of 12(b) "sometimes need supervision to keep you safe" & that should have gotten me into the support group as that is also no.10 "Awarness of everyday hazards" of support group descriptors.

Anyone or moderators got any thoughts on this?

many thanks

martin

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12 years 5 months ago #72380 by greeneyedlad
sorry to bug everyone but its unusal to get no replys hehe

is there any moderators that know if its the same rule with esa?

many thanks guys

martin

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12 years 5 months ago - 12 years 5 months ago #72398 by Gordon
greeneyedlad wrote:

sorry to bug everyone but its unusal to get no replys hehe

is there any moderators that know if its the same rule with esa?

many thanks guys

martin

Please review the explanation in the ESA Claims on Mental Health Grounds, page 33 and the WCA Handbook page 100.

Beyond this we cannot help you.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 5 months ago by Gordon. Reason: corrected page number

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12 years 5 months ago #72402 by greeneyedlad
ok gordon, thats great thanks.

i was only asking because i was discussing similar with moderators michaelg & pete17971 on thread "ESA Wrag = Lose DLA High Rate Care?"

thanks again

M

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12 years 5 months ago #72413 by greeneyedlad
Gordon or any other moderators

sorry i just have to clarify. its ok for michaelg & pete17971 to inform me that with DLA

"as Michael correctly states, it must be that the care needs are reasonably required, not that you are actually getting help to alleviate the need."

but you cant tell me if that rule also applies to ESA, other than what you've said above?

I understand you cannot possibly comment on which box i should have ticked on the form.

confused

martin

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12 years 5 months ago #72419 by Gordon
Martin

Extract from the ESA Claims on Mental Health Grounds, page 33.

you need supervision at least occasionally – but please note, we think that even if you don’t get supervision you may be eligible for points


Gordon

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

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