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DLA - Change of Circumstance...To or not to?

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10 years 4 months ago - 10 years 4 months ago #114045 by Bianco
Having had an ESA medical and actually seeing a ‘Doctor’ that could see my distressed condition (in June) I have finally been given the result today of being put in the Support category. I am very happy with the result and it is thanks to this website that gave me the right information to complete the forms to its full capacity. So a very big thank you!

My dilemma at the moment is that I am on DLA at low rate mobility and middle rate care components. This was awarded until January 2015. I have been informed by DLA that if I want to put in a ‘change of circumstances’ to do so whilst I am still in the DLA category as opposed to PIP. My ‘change of circumstances’ amount to my partner having to leave employment to look after me. My DLA is awarded on mental health grounds. He has been caring for me since October 2011 and is with me 24/7 he has to administer medication through the night. My diagnosis is Bipolar and Borderline Personality Disorder and so for the foreseeable future will not improve. I do not start induction to BPD therapy until mid January of next year. My mental health care has been abysmal as I got lost in the system, not once but twice. My GP advised me not to put in for a change in circumstance to DLA until I received my ESA award.

The Question I am asking is, as my condition has worsened and I am in need of a Carer both indoors and out. Does the forum think that they will take all this into consideration and consider me for High Rate Care component of DLA? I have omitted to subject this change of circumstance before, as I have been afraid that my DLA will be reconsidered and I may be given a lower rate or taken off it. I kept thinking better the devil you k now scenario. I have actually been to Appeal twice before on re-application and have won both Appeals. I would be grateful for any advice on whether to subject this form before my DLA runs out and what the forums opinion would be of it being successful.
Thank you for your good work and time.
Last edit: 10 years 4 months ago by . Reason: Tick.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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10 years 4 months ago #114048 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic DLA - Change of Circumstance...To or not to?
I'm afraid that it's impossible for moderators to give an opinion on what rate of DLA Mobility Component that you may be given, since we do not have access to your case files.

You need a 'face to face' consultation with a benefits adviser, who can access your case files and give an opinion as to what rate of DLA mobility component you may be given.

If you Google ' benefits advice for DLA' and put in your town or city, or better still your post code
you will get a list of benefits advisers in your area.

Good luck.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Bianco

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10 years 4 months ago #114050 by Gordon
DM

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?

You have passed he date where you could notify the DWP of a Change of Circumstances and still be re-assessed for DLA, although it may still be possible if you are living in the right area of the country, the map on the following link indicates the areas where a CofC will definitely result in a conversion to PIP (in green).

www.gov.uk/government/publications/pip-postcode-map-uk

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law), Bianco

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10 years 4 months ago #114082 by Bianco
Thank you Jim for your response.
My question was actually about the ‘Care’ component and not Mobility.
However my concern was actually whether to submit a ‘Change of Circumstance’ form to say that I now have a full time Carer. As I have a full time Carer would they consider that I am in more need of care (both day and night) than previously when awarded middle rate component of DLA for Care, and would (if meeting the deciphers) they would consider the increase to high rate care component.
I appreciate you don’t know my case and I will look for an advisor in my area. It was just a question as to submit the form or not as I was nervous of having my case looked into again and it may be taken away as I have seen other members have this happen and have had to appeal.
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)

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10 years 4 months ago - 10 years 4 months ago #114084 by Bianco
Thank you Gorden for your advice.
I will of course amend my name here. Fairly new to the site and not posted before until now.
Having looked at the map, I am not in the area that DLA is being converted as yet. I was advised this by a DLA advisor. But do feel that as I now have a full time Carer that I should perhaps let them know that my needs are now greater than they were when first assessed for middle rate care. I have just omitted doing so as my GP advised me to wait for my ESA award and this has now been given in the Support Group. I had been nervous in submitting this due to the fact that they may reassess and stop it altogether and I would have to endure an Appeal again. I guess the only way to find out is just submit it and see and keep fingers crossed and make sure I use guidelines here.
Again thanks for you help.
Last edit: 10 years 4 months ago by Gordon.
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)

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10 years 4 months ago #114086 by Gordon
Bianco

From your post, your current Middle Rate Care is in patment because you have previously shown that you have substantial care needs during the day, to be awarded Higher Rate Care you will need to show that you now have substantial care needs overnight as well.

Before notifying the DWP I would go over your previous claim forms to make sure that your Middle Rate Care is well proven, as you have noted, notifying the DWP of a Change of Circumstances opens up your whole award to review, not just the change.

Please have a look at our DLA Claim guides for assistance in preparing your forms.

www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaclaims

Gordon

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