Partners DLA appeal asked for my benefits info

We have just returned from a DLA hearing for my partner. Our representative phoned us at 9.00 a.m. this morning to say he could not accompany us. As I was the one who did most of the groundwork for his appeal I felt confident accompanying him. I was floored by the Legal representative asking what benefits I was on. When I asked why was it relevant to his appeal she said if I was in receipt of DLA/Care allowance it would affect his care allowance as he would be caring for me. The hearing I felt went totally downhill from there as they barely listened to what we said. When we said we do our shopping online, buy our clothes online, shoes online, do not go out to restaurants or the cinema I feel they thought we were lying.

Is it right that they asked what benefits I am on I felt embarrassed when I had to tell them that in fact I was on High Rate mobility and middle rate care as I have fibromyalgia and Sjogrens Syndrome and today was a day that I looked ok. My partner is only on low rate care and we asked them only to focus on the mobility component of the appeal so can they take his care off him?

I am afraid that it is in the Tribunal's remit to look at the whole claim, not just one section. However, they usually warn the claimant against proceding if they feel that the whole award is at risk.

Edited typo

cheekypink wrote:

We have just returned from a DLA hearing for my partner. Our representative phoned us at 9.00 a.m. this morning to say he could not accompany us. As I was the one who did most of the groundwork for his appeal I felt confident accompanying him. I was floored by the Legal representative asking what benefits I was on. When I asked why was it relevant to his appeal she said if I was in receipt of DLA/Care allowance it would affect his care allowance as he would be caring for me. The hearing I felt went totally downhill from there as they barely listened to what we said. When we said we do our shopping online, buy our clothes online, shoes online, do not go out to restaurants or the cinema I feel they thought we were lying.

Is it right that they asked what benefits I am on I felt embarrassed when I had to tell them that in fact I was on High Rate mobility and middle rate care as I have fibromyalgia and Sjogrens Syndrome and today was a day that I looked ok. My partner is only on low rate care and we asked them only to focus on the mobility component of the appeal so can they take his care off him?

Since DLA is a non-means tested and tax free benefit, the Tribunal had no right to ask about your income, but they do have the power to look at your partner's claim in whole even if you only asked them to look at the mobility component. This is because DLA is one benefit but with a care and mobility component.

As a former DLA Tribunal Member, the Tribunals role is to decide whether or not the appellant has sufficient care and/or mobility needs to qualify for DLA if so then to decide what level of component(s) they meet and for what period of time or indefinitely. The fact that you are on DLA HRM and MRC is immaterial as it is a totally separate issue to your partner's appeal or indeed their claim for DLA.

There are many claimants that I've dealt with where both partners are on mobility and/or care components and care for each other.

There is some case law which supports my views, but unfortunately I am not well enough to research this for you, since as well as having MS and COPD, I also have 3 fractured ribs caused by a fall nearly two weeks ago and I'm in severe pain likely to last for 6 weeks or more.

I will try to find the case law for you if possible, but as you have a representative you should contact them ASAP and inform them what happened at the Tribunal and let them take up the issue with the Tribunals Service Regional Office dealing with your partner's claim.

I've managed to find an old thread on this, but there are various convicting opinions on this, see www.benefitsandwork.co.uk/forum?func=view&catid=10&id=42135


To reiterate, you need to seek 'face to face' advice from your representative who has access to you case files.

Following my partners tribunal hearing where he was turned down for mobility component we asked for the statement of reasons. Today he got a letter in saying it had been set aside as they think their decision was flawed as they had in fact not considered his care component at the hearing so he will be entitled to another hearing.

Our representative was not available to attend the first hearing and did no work at all to help us so we are not going to be contacting him at all.

Does anyone in Northern Ireland know of a good welfare lawyer or support worker that is dependable and could help us at the next appeal hearing?

We feel we need a lawyer as the legal representative at the last hearing who was the chairperson just shut us down everytime we tried to raise something even though I am very capable of representing my partner I just could not make myself heard.