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Carers Allowance and Care Component Rates
- pacaho
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2 years 7 months ago #271029 by pacaho
Carers Allowance and Care Component Rates was created by pacaho
Hello everyone. I am using my husband’s account and I would appreciate any advice/direction from anyone who has more experience than me.
Please accept my apologies in advance, as this is a bit of a drawn out explanation. Thank you.
My husband is on DLA for life and has been on it for approximately 14 years. He is on the highest rate for mobility and the lowest for care. This was awarded for fibromyalgia and nerve damage in his spine and left shoulder following an RTA.
After several surgical procedures he went back to work, this was under a care plan and on reduced hours.
In July 2021 he got covid and pneumonia and unfortunately hasn’t been able to work since. He is in a really bad way and has become worse since leaving hospital. I am now more of a carer than his wife. His pre-existing condition has worsened since having covid, and he has been left with many debilitating symptoms including covid related asthma, borderline COPD and more recently a referral for urgent mental health triage.
My husband has not informed the DWP that his condition worsened ten months ago because he has heard of all the horror stories of claimants being reassessed and sometimes potentially losing all of their DLA.
All my husband needs is his care component raising from his (pre-covid) Low Rate, to the Middle Rate. His condition now, more than warrants the Middle Rate. I would then be able to qualify for the Carers Allowance, which will be a financial life saver, as my husband is now facing ill health retirement from work. At that point we will have no income other than a very small private pension.
Is it possible for a medical professional who knows my husband’s condition to intervene and have the care component raised? Rather than going through the ‘faceless’ paperwork, and the worry of potentially losing everything.
Sorry it was drawn out, I’m just very worried and don’t know what to do for the best. Any advice or help will be welcomed with open arms.
Thank you
Please accept my apologies in advance, as this is a bit of a drawn out explanation. Thank you.
My husband is on DLA for life and has been on it for approximately 14 years. He is on the highest rate for mobility and the lowest for care. This was awarded for fibromyalgia and nerve damage in his spine and left shoulder following an RTA.
After several surgical procedures he went back to work, this was under a care plan and on reduced hours.
In July 2021 he got covid and pneumonia and unfortunately hasn’t been able to work since. He is in a really bad way and has become worse since leaving hospital. I am now more of a carer than his wife. His pre-existing condition has worsened since having covid, and he has been left with many debilitating symptoms including covid related asthma, borderline COPD and more recently a referral for urgent mental health triage.
My husband has not informed the DWP that his condition worsened ten months ago because he has heard of all the horror stories of claimants being reassessed and sometimes potentially losing all of their DLA.
All my husband needs is his care component raising from his (pre-covid) Low Rate, to the Middle Rate. His condition now, more than warrants the Middle Rate. I would then be able to qualify for the Carers Allowance, which will be a financial life saver, as my husband is now facing ill health retirement from work. At that point we will have no income other than a very small private pension.
Is it possible for a medical professional who knows my husband’s condition to intervene and have the care component raised? Rather than going through the ‘faceless’ paperwork, and the worry of potentially losing everything.
Sorry it was drawn out, I’m just very worried and don’t know what to do for the best. Any advice or help will be welcomed with open arms.
Thank you
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- BIS
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2 years 7 months ago #271048 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Carers Allowance and Care Component Rates
Hi pacaho's partner
There is no easy way around this.
You could ask a medical professional to contact on the DWP on your behalf, but I'm sure they will be told that there is paperwork to be filled out and an assessment necessary - but you can try.
What is more likely is that as soon as you or someone else contacts the DWP and says that his condition has deteriorated, a review form will be sent out and an assessment will be done. (Could be telephone, face to face, video or paper-based).
You say that your husband is still on DLA. Was he born before 8 April 1948? If he wasn't then as soon as you contact them, I think you will be told to apply for PIP as all DLA claimants except those born before the date mentioned are being migrated across.
BIS
There is no easy way around this.
You could ask a medical professional to contact on the DWP on your behalf, but I'm sure they will be told that there is paperwork to be filled out and an assessment necessary - but you can try.
What is more likely is that as soon as you or someone else contacts the DWP and says that his condition has deteriorated, a review form will be sent out and an assessment will be done. (Could be telephone, face to face, video or paper-based).
You say that your husband is still on DLA. Was he born before 8 April 1948? If he wasn't then as soon as you contact them, I think you will be told to apply for PIP as all DLA claimants except those born before the date mentioned are being migrated across.
BIS
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- pacaho
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2 years 7 months ago #271057 by pacaho
Replied by pacaho on topic Carers Allowance and Care Component Rates
Thank you very much for the quick reply and info.
He was born after 1948, so as you state he would have to move over to PIP. Does this mean that the migration over to PIP would be classed as a completely fresh claim from scratch, or do they take into account previous DLA rates/evidence?
Many thanks in advance.
He was born after 1948, so as you state he would have to move over to PIP. Does this mean that the migration over to PIP would be classed as a completely fresh claim from scratch, or do they take into account previous DLA rates/evidence?
Many thanks in advance.
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- BIS
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2 years 7 months ago #271091 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Carers Allowance and Care Component Rates
Hi Pacaho
The PIP claim will be a completely new claim and you will have to submit all the evidence and describe his difficulties. If you start this process do have a look at our comprehensive guides on how to do this because PIP and DLA are not the same. He will be assessed for PIP and although they will be aware that he got DLA it doesn't guarantee that he will be awarded PIP. Having said that - plenty of people have found that they have had an increased amount when they moved.
BIS
The PIP claim will be a completely new claim and you will have to submit all the evidence and describe his difficulties. If you start this process do have a look at our comprehensive guides on how to do this because PIP and DLA are not the same. He will be assessed for PIP and although they will be aware that he got DLA it doesn't guarantee that he will be awarded PIP. Having said that - plenty of people have found that they have had an increased amount when they moved.
BIS
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- pacaho
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2 years 7 months ago #271095 by pacaho
Replied by pacaho on topic Carers Allowance and Care Component Rates
Thank you VERY much for the information, much appreciated.
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- Gary
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2 years 7 months ago #271267 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Carers Allowance and Care Component Rates
Hi pacaho
One of the first things is to understand the difference between DLA and PIP.
DLA looks at generic care needs in regard to bodily functions, PIP looks at the claimants specific ability to carry out an activity such as eating. DLA was awarded because the claimant needed an amount of care (in time) during the day, the night or both, to help them with that bodily function.
PIP looks at the claimant's ability to complete specific tasks within the activity and is points-based, these are clearly defined and it is easy not to score points because the claimant has not shown that they meet those specific criteria.
DLA treated the use of aids as a reason to reduce the amount of care needed, PIP treats aids as an indication of disability and in general they score extra points.
DLA's care need was reasonably generic, PIP treats prompting, assistance and supervision as different activities and as a result, they can score different points.
DLA required that the care was required for the majority of the time, for PIP it is the majority of days.
For PIP activities must be completed reliably, this means
• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.
Although DLA considers these terms, they are poorly defined as they are implemented through Case Law rather than being defined in the legislation as they are for PIP.
We have a very comprehensive PIP guide. If you look through that, it will give you some idea of how you might answer questions.
benefitsandwork.co.uk/guides-for-claimants/pip
If you have any further questions please come back to the forum.
Gary
One of the first things is to understand the difference between DLA and PIP.
DLA looks at generic care needs in regard to bodily functions, PIP looks at the claimants specific ability to carry out an activity such as eating. DLA was awarded because the claimant needed an amount of care (in time) during the day, the night or both, to help them with that bodily function.
PIP looks at the claimant's ability to complete specific tasks within the activity and is points-based, these are clearly defined and it is easy not to score points because the claimant has not shown that they meet those specific criteria.
DLA treated the use of aids as a reason to reduce the amount of care needed, PIP treats aids as an indication of disability and in general they score extra points.
DLA's care need was reasonably generic, PIP treats prompting, assistance and supervision as different activities and as a result, they can score different points.
DLA required that the care was required for the majority of the time, for PIP it is the majority of days.
For PIP activities must be completed reliably, this means
• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.
Although DLA considers these terms, they are poorly defined as they are implemented through Case Law rather than being defined in the legislation as they are for PIP.
We have a very comprehensive PIP guide. If you look through that, it will give you some idea of how you might answer questions.
benefitsandwork.co.uk/guides-for-claimants/pip
If you have any further questions please come back to the forum.
Gary
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