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Top Disability related benefits topic #4321

Subject: "Change of circumstances and DLA" First topic | Last topic
anadeem
                              

Pension Benefit Outreach Project, Trust /Hanover/ Beild H.A
Member since
06th Jun 2006

Change of circumstances and DLA
Thu 08-Mar-07 09:46 AM

Hi this question is sort of a personal one. I have a friend whose daughter was diagnoised with renal failure and was awarded a two year claim at the higher rate for DLA Care only. However a match became available and she under went surgery almost three weeks ago, there was some major complication during the surgery and was ventilated for almost 2 weeks and was touch and go there for a while. She is still in hospital and is recovring well and are thinking about sending her home but have said she still needs a high level of care for at least the next six months. Becuase this is a change of circumstances, when should she notify DLA department, will this reduce her award straght away even though she requires a high level of care? what would you advise if she was your client?

thanks

Aisha

  

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ariadne
                              

CAB adviser, welfare lawyer and ex law lecturer, Basingstoke CAB
Member since
26th Jan 2007

RE: Change of circumstances and DLA
Thu 08-Mar-07 02:34 PM

If there's a chance she will be in hospital for more than 28 days you definitely need to tell them to avoid an OP.

How soon is the renewal date? They'll send out the forms around 6 mths before anyway so there probably isn't that much of the original award left. If it was me I think I would try to get some very strong medical evidence that her new medical condition means it is still not possible to predict that or when her needs are likely to reduce to below a level qualifying for higher rate care. This is assuming that you can get such evidence and that indeed her ongoing care needs still qualify for so much care. If it does there is no reason I can see for them to reduce the award just because the medical condition is not the same as it was. I think my preference is for being open in case they find out and it backfires on you because they think you're deliberately hiding something.

Anyone else have any ideas?

  

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Top Disability related benefits topic #4321First topic | Last topic