× Members

Dla

More
3 years 1 week ago #268057 by Denmac
Dla was created by Denmac
Hi can anyone answer this question please my 87 year old father in law is on DLA he’s poorly in hospital at the moment on opening his benefit letter I noticed he was only on middle rate care which I would like to contest this does anyone know what I do to apply for the higher rate and to get it back dated if awarded thanks in advance

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

More
3 years 1 week ago #268067 by Gary
Replied by Gary on topic Dla
Hi Denmac

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is.

Welcome to Benefits and Work

Thank you for your post which does raise some interesting points which I will try and answer.

Unless you are an Appointee then you will not be able to deal with the benefits of someone who cannot manage their own affairs because they’re mentally incapable or severely disabled. www.gov.uk/become-appointee-for-someone-claiming-benefits

You need to apply for a change of circumstances if your father's condition has deteriorated. If your father is awarded the high rate, it would be backdated to the date you informed DWP of a change in circumstances, you cannot backdate the award beyond that date.

You say that your father is poorly in hospital, you need to inform DWP that your father is in hospital, if he is in hospital for more than 4 weeks then his DLA will stop, once he comes out of hospital, contact DWP and his DLA will be reinstated.

We do have some very good guides on DLA; www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaclaims

if you have any further questions then please come back to the forum.

Gary

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

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

More
3 years 1 week ago #268078 by Gordon
Replied by Gordon on topic Dla
Denmac

I'm afraid the Higher Rate of Care for DLA (and Attendance Allowance) is not awarded due to an increase in the severity claimant's care needs!

Rather, it is awarded to claimants who now have care needs during both the day AND the night, MRC is for claimants with care needs during the day OR the night.

Also, be aware, if your FIL is going to be in hospital for more than 28 days then you must contact the DWP as his current DLA award will be suspended after this period until he goes home. Failing to do this will create a recoverable overpayment of his benefit.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Gary

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

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.