ESA Wrag = Lose DLA High Rate Care?

OMG Iv just realised that as I didnt make the Support group ESA that means that I must NOT have scored 12(a) Awareness of hazard or danger on my ESA50. But my DLA award is High Rate Care, Low Rate Mobility & it says for the care componant that "as you need supervising right through the day to prevent substantial danger to you or others & someone to be awake to watch over you at night often, or once for up to around 20minutes, to prevent danger to you or others"

my question is that does this mean i might lose my DLA Hight rate Care componant because I didnt make the ESA Support group on descriptor 12(a)?

To be honest iv just noticed my dla letter said that. I live with my friend who is my carer but im alone all day as he works so im not supervised right throughout the day. im scared now!!

Anybody got any advice

many thanks

martin

Hi Martin

We have heard of DLA awards being changed or lost due to ESA awards. My understanding is that for HRC 20 mins at night would be sufficient, but I am open to correction on this!

In any case if your friend who is your carer is not present you could get another person to attend to you.

Also with DLA you have to need care from another person, but you don't actually have to get it.

Michael

Michael

so its not a condition of my DLA that i MUST be supervised right throughout the day, even though thats whats stated as reason for High Rate Care Award? wow ok

I just hope i dont lose the award due to the esa. im appealing the esa anyway so it may not matter.

many thnaks

martin

greeneyedlad wrote:

Michael

so its not a condition of my DLA that i MUST be supervised right throughout the day, even though thats whats stated as reason for High Rate Care Award? wow ok

I just hope i dont lose the award due to the esa. im appealing the esa anyway so it may not matter.

many thnaks

martin

Hi Martin,

as Michael correctly states, it must be that the care needs are reasonably required, not that you are actually getting help to alleviate the need.

It is possible to get Middle/High rate care and live entirely alone. The 'need' doesn't go away, just one isn't actually getting help with the need.

Pete

Michael/Pete

could it not be argued at my tribunal that as im getting dla high rate care for that reason then surely i should score on esa descripter 12(a) & be placed in Support Group?

if its not allowed to argue that then surely they should not be allowed to argue the other way round, that as i only got esa Wrag that means my high rate dla should be taken away?!

they make up their own rules, is it legal to have it 1 way without having it the other. not fair, but thats the point isnt it. DWP isnt fair!

cheers guys

martin

greeneyedlad wrote:

Michael/Pete

could it not be argued at my tribunal that as im getting dla high rate care for that reason then surely i should score on esa descripter 12(a) & be placed in Support Group?

if its not allowed to argue that then surely they should not be allowed to argue the other way round, that as i only got esa Wrag that means my high rate dla should be taken away?!

they make up their own rules, is it legal to have it 1 way without having it the other. not fair, but thats the point isnt it. DWP isnt fair!

cheers guys

martin

Hi Martin

You may well say that; I could not possibly comment

On a serious note, yes you could argue that.

Michael