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DLA Criteria Confusion

  • marygal
  • Topic Author
13 years 1 month ago #75984 by marygal
DLA Criteria Confusion was created by marygal
Hi

The more I read the DLA care component criteria the more confused I get.

If a person needs help from another person several times during the day, and is then provided with various aids to help them do these things on their own, does that mean they do not qualify for the DLA benefit?

Thanks

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13 years 1 month ago #75985 by slugsta
Replied by slugsta on topic Re: DLA Criteria Confusion
I have just asked a similar question regarding change of circumstances. I have been provided with afew aids by social services - does this mean that I no longer qualify for DLA under the pretext hat I no longer need care?

I'm sure someone will be along to answer our questions soon.

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

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  • Survivor
13 years 1 month ago #75986 by Survivor
Replied by Survivor on topic Re: DLA Criteria Confusion
You have to reasonably require help. It is open to the DWP to argue that you do not need help with something if you have an appropriate aid. This will be more applicable to some aids than others. Even if you have an aid it may not mean that you do not reasonably require help, because an aid may not resolve the whole problem or you may need to take a wholly unrealistic amount of time to complete an activity with an aid.

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  • Survivor
13 years 1 month ago #75988 by Survivor
Replied by Survivor on topic Re: DLA Criteria Confusion
For further clarification of the pros and cons of using adaptations, refer to page 21 of our guide to claiming DLA on physical grounds.

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  • marygal
  • Topic Author
13 years 1 month ago #75990 by marygal
Replied by marygal on topic Re: DLA Criteria Confusion
Does it not follow that the very fact that aids have been supplied mean that a person has needs for help and thus satisfy the criteria?

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  • Survivor
13 years 1 month ago #75991 by Survivor
Replied by Survivor on topic Re: DLA Criteria Confusion
Not necessarily, because an aid may mean that you no longer need help with a particular activity.

In deciding what need you have for help, a decision maker can take into account whether you still need help when you use your aids. However, it has to be reasonable to expect you to use those aids.

For an example of how this plays out, you might like to have a look at our guidance on commodes and how the arguments go in relation to being expected to use them.

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