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DLA for older people
- furrypusscat
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2 years 7 months ago #271474 by furrypusscat
DLA for older people was created by furrypusscat
A friend of mine has been in receipt of Mobility Component of DLA for some years. She is now 86 years old and now requires Care. She has been told to claim for Attendance Allowance but I have had a word with my friends daughter advising that she needs to ask for a change of circumstance within DLA as her needs have changed. I believe she will lose the mobility component if she goes down the Attendance route. Am I correct as she cannot get mobility with attaendance allowance and she won' get both.
Your advice/confirmation will be helpful.
Your advice/confirmation will be helpful.
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- LL26
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2 years 7 months ago #271488 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic DLA for older people
Hi gillianihalliday,
Your friend is entitled to DLA. As she is over 65 years old when the law changed in April 2013 she will not be obliged to transfer to PIP and can continue on DLA. Likewise because she has an existing DLA award she does NOT need to claim AA. This would be unwise because you are correct that there is no mobility element to AA and therefore she is likely to lose a substantial part of her benefit.
Your friend can ask for her DLA to be superseded (legal word for changed). You can only obtain middle or high rate care for DLA as the lower rate care is no longer available for your friend given the length of time since she became 65. (Unless you can show that the lowest care needs existed when the friend became 65, and there was a DLA mobility component being paid at that time -proving the care needs would probably be very difficult!)
Hence realistically you would need to show a requirement frequent attention or continual supervision to prevent danger to self or others throughout either the day OR night (middle rate) or attention/supervision during both day AND night for high rate.
So, to recap.
No need to move to AA, the law allows the friend to remain on DLA.
A supersession can be requested, to 'upgrade' the DLA award to include a care component.
AA does NOT provide a mobility award so this will be lost if you apply for AA- which is unnecessary.
It is possible that as assessment may be required if you request the supersession.
If you are successful in claiming a care component (middle/high rate) then this will unlock the possibility of a 3rd party carer being able to claim Carer's Allowance if sufficient hours or caring is done and the other carer's conditions apply.
There may also be the possibility of add-ons to State Pension depending on the level of other income/savings. If DLA Care is awarded, it may be advisable to get a full benefit check carried out at a local advice centre to see if extra money can be awarded.
I hope this helps.
LL26
Your friend is entitled to DLA. As she is over 65 years old when the law changed in April 2013 she will not be obliged to transfer to PIP and can continue on DLA. Likewise because she has an existing DLA award she does NOT need to claim AA. This would be unwise because you are correct that there is no mobility element to AA and therefore she is likely to lose a substantial part of her benefit.
Your friend can ask for her DLA to be superseded (legal word for changed). You can only obtain middle or high rate care for DLA as the lower rate care is no longer available for your friend given the length of time since she became 65. (Unless you can show that the lowest care needs existed when the friend became 65, and there was a DLA mobility component being paid at that time -proving the care needs would probably be very difficult!)
Hence realistically you would need to show a requirement frequent attention or continual supervision to prevent danger to self or others throughout either the day OR night (middle rate) or attention/supervision during both day AND night for high rate.
So, to recap.
No need to move to AA, the law allows the friend to remain on DLA.
A supersession can be requested, to 'upgrade' the DLA award to include a care component.
AA does NOT provide a mobility award so this will be lost if you apply for AA- which is unnecessary.
It is possible that as assessment may be required if you request the supersession.
If you are successful in claiming a care component (middle/high rate) then this will unlock the possibility of a 3rd party carer being able to claim Carer's Allowance if sufficient hours or caring is done and the other carer's conditions apply.
There may also be the possibility of add-ons to State Pension depending on the level of other income/savings. If DLA Care is awarded, it may be advisable to get a full benefit check carried out at a local advice centre to see if extra money can be awarded.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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2 years 7 months ago #271491 by furrypusscat
Replied by furrypusscat on topic DLA for older people
Thank you for your confirmation LL26, it is much appreciated. I can now tell my friend what I believed to be correct. As she broke her hip recently and has been in hospital then temporary respite care until strong enough to go home (5 weeks now) she will also have to inform DWP under the hospital/care ruling re change of circumstance, do they put a hold on her mobility award until she returns home? In addition to her broken hip, she has been partially sighted for many years due to Glaucoma and also struggles greatly with osteo-arthritis and dizziness causing falls. I suggested some time ago that she should apply for the care component but she never did.
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2 years 7 months ago #271523 by peter
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by peter on topic DLA for older people
Hi freefee
I just approved and answered your new topic.
For future reference, nothing will show until a moderator approves it.
Regards
Pete
I just approved and answered your new topic.
For future reference, nothing will show until a moderator approves it.
Regards
Pete
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2 years 7 months ago #271528 by furrypusscat
Replied by furrypusscat on topic DLA for older people
What has this to do with my post and what happened to my 2nd post. I presume someone has somehow got onto my thread and that my 2nd post hasn't been approved yet. Thank you anyway.
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2 years 7 months ago #271533 by peter
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by peter on topic DLA for older people
Hi
Nothing at all but I did manage to answer freefee.
Your post is visible to LL26 but I have left it for them to approve and answer.
Regards
Pete
Nothing at all but I did manage to answer freefee.
Your post is visible to LL26 but I have left it for them to approve and answer.
Regards
Pete
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: furrypusscat
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