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Special Rules procedural queries

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12 years 4 months ago #73798 by carruthers
Special Rules procedural queries was created by carruthers
I'm trying to help a friend and his wife. He has just been told that he has pancreatic cancer and is probably short-term terminal. I have advised them that such a diagnosis means that they will probably be eligible for ESA and DLA CHR (I have checked other eligibility conditions) if the appropriate forms are completed and submitted.

They are still in distress and shock (a month ago he seemed in normal health), but trying to keep the worst of the news from their children. I have therefore offered to make some of the phone calls requesting forms etc, in case the details need spelling out over the phone.

I shall phone the Benefit Enquiry Line immediately, but I am aware that the advice given there is not always to be trusted. I have a number of questions to which I would really like some answers - some are trivial and administrative, some substantive.

I have used the "Search" function on both forums and articles, and I think I have checked your guides. I may have looked at too many documents, and posts as the information in aggregate has left me a little confused, and with some unanswered questions.

1) Do I need the NI number to get forms?

2) Do I need to request a DS1500 or will the specialist/GP already have blanks?

3) Do the forms have to be sent to the person who will be signing them, or the person who will be filling them in? In this case it is my intention to help the wife fill out the forms in my home, to maintain privacy. She may or may not want to take them in to the hospital for her husband (as the claimant) to sign.

4) I have found conflicting advice about Special Rules and Mobility Component. I see that acceptance of a claim under SR means an automatic award of DLA Care HR, but I have seen some documentation which seems to suggest that there is also an entitlement to DLA Mobility HR. Does the case for Mob HR have to be justified on the claim form?

5) I think the case for HR Mobility is fairly clear. He is already finding walking more than short distances (bed to toilet on the ward, then a little while later back again - 10m each way?). He is also having falls even over that distance. The point, however, is that my reading seems to show that we will have to establish the need for HR Mob. That, in turn, means filling in details in the form, probably (I haven't seen the forms for a couple of years) at great length.

6) If we do need to make a detailed claim for Mob HR, does the whole of the DLA claim form have to be filled in? I believe that the care and mobility elements are not separated. I don't want to waste time on the Care component, when the details are unnecessary for the entitlement under SR, but I would like to establish that a man who can't walk safely to the loo and back should be getting Mob HR, and then a Blue Badge for getting to treatment and/or hospice sessions.

7) Should the forms for ESA and DLA be submitted separately or together? I note that it should only be necessary to produce 1 signed copy of the DS1500 form. The situation usually referred to involves the DLA claim having been submitted before the ESA. In this case it may well be that the ESA form goes in first, especially if the DLA form needs more time (see above). I imagine that the DWP is quite capable of losing the record of prior submission of DS1500, and ringing up to demand more proof.

8) Although the claimant is aware of his situation, he will not want the DWP ringing, as he may in hospital and the wife out, and in these cases the children might answer the phone. I imagine that we can put a "no telephone contact" note on the form. But the most useful thing is to make sure that the forms are as complete and straightforward as possible.

This last point explains this long post. If it would be better broken into bits, I can do that.

I believe that most of these matters are not particular to my friend's claim, and would be relevant to anyone faced with this sort of bombshell - and to those trying to help them cope.

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  • Survivor
12 years 4 months ago #73803 by Survivor
Replied by Survivor on topic Re: Special Rules procedural queries
Mod note - I would normally have deleted a post this long, but as you have taken the trouble to do a search and you have listed your questions with numbers, I have made an exception.

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  • Survivor
12 years 4 months ago - 12 years 4 months ago #73805 by Survivor
Replied by Survivor on topic Re: Special Rules procedural queries
1) No, you do not need an NI number for the forms.

2) The doctor may have a form, but my experience of NHS administration is that it is always best to provide the doctor with a form if you can.

3) The forms do not have to be sent to the person they relate to, but if you experience any difficulty with this, I suggest that you download the forms.

4) I do not know the answer to this off the top of my head, so I will leave it to one of my fellow mods to answer.

5) , 6)

No, you do not have to fill in the whole of the claim form if you are claiming under the special rules. See our guide to claiming DLA on physical health grounds. (I have amended this paragraph and apologise for giving the wrong advice before.)

7) The ESA forms and DLA forms go to different addresses.

8) You can quite properly say "no telephone contact". You may wish to say why, although the decision maker may already appreciate that from the nature of the claim.
Last edit: 12 years 4 months ago by Survivor. Reason: Correction of error

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  • RachelPotter
12 years 4 months ago #73806 by RachelPotter
Replied by RachelPotter on topic Re: Special Rules procedural queries
Hi Carruthers,

Sorry I can't give much detail but I do know that a McMillan nurse would be able to do the forms for your friend, could you get in touch with them?

Best wishes,
Rachel

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  • Survivor
12 years 4 months ago #73808 by Survivor
Replied by Survivor on topic Re: Special Rules procedural queries
I have now checked (4).

Under the special rules, you do not automatically get the mobility component, but you can get it straight away without waiting three months if you are entitled to it, so you will need to fill in the mobility part of the claim form.

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