Discussion archive

Top Disability related benefits topic #7298

Subject: "Special rules - award in 1994 (really)" First topic | Last topic
ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

Special rules - award in 1994 (really)
Fri 30-Oct-09 06:07 PM

We have a client originally awarded highest rate of both components under the special rules (on a third party application) in 1994, for cancer.

In 2008 they suddenly twigged that client had been claiming for 14 YEARS as terminally ill, did a review pack and took it all away. Client incandescent with rage.

Client has appealed but the claim pack doesn't give a lot of hope and has sought our help for a Tribunal next week. GP doesn't think there is anything much wrong, in claim pack has only claimed dressing in care needs, and says can walk for 10-20 minutes before having to stop due to leg pain. Has been totally clear of cancer for ten years.

Has anyone any experience of similar cases and what did you do?

  

Top      

Replies to this topic

Ruth_T
                              

Volunteer adviser, Corby Welfare Rights Advice Bureau
Member since
03rd May 2005

RE: Special rules - award in 1994 (really)
Fri 30-Oct-09 06:35 PM

There appears to be an ongoing review of special rules cases.

We did an appeal earlier this year for a client who was diagnosed with leukaemia ten years ago and received DLA under the special rules, removed on review. In the meantime she had received a bone marrow transplant, and although now in remission was far from well. She has to take anti-rejection drugs daily, and has sustained significant lung damage. She was awarded LRCC and HRMC, which are appropraite to her current circumstances.

I think the usual approach applies. What are your client's needs for help with care and mobility as at the date of the new decision?

  

Top      

Top Disability related benefits topic #7298First topic | Last topic