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DLA supersession- what happens if form not returned?
Cl is in hospital following a stroke and his award of LR care is suspended. He is not able to communicate. Cl’s wife reported the change in his condition to DLA and they have sent out a new form to complete. She is unable to do it as she cannot visit him due to Covid. He is over SRP age so he needs to have had the additional care needs for six months for an increased award. She does not want to go ahead with the form just now as she is overwhelmed (and not yet clear what his additional care needs will be). If she does not return it and notifies DLA when he comes out of hospital, will his current award be reinstated?
Thank you
I think I’d suggest that she returns the form now with as much information as she can, explaining that it’s not clear what his needs will be on discharge from hospital and that he can’t sign the form. That way at least the DWP have written confirmation of the situation and would have a duty to investigate his needs at a later date rather than someone assuming that as the form hadn’t been returned that the claim should be closed. With current timescales for processing forms his needs might also be clearer by the time it’s looked at and more information can be provided then.
Does client get DLA mobility component? If not, then if DLA stops he could claim AA instead and would likely be no worse off.
[ Edited: 12 Jan 2022 at 07:28 pm by Ianb ]Yes, no mobility component so a new claim for AA is a possibility. Will suggest to cl to also do as you suggest Mairi. Thanks
[ Edited: 13 Jan 2022 at 12:06 pm by CA Adviser ]