× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Attendance Allowance

PW
forum member

Paddock Wood Community Advice Centre

Send message

Total Posts: 17

Joined: 5 April 2017

Does anyone know of any case law/arguments regarding AA and problems that relate to previous severe trauma - the problems are not obvious ones to consider but small things that are forgotten but we would do as matter of course and without thinking. To look at you would think there is nothing wrong and in terms of performing daily activities there is not.

Also any ideas on how to argue the case that AA is in essence very much focused on practical, physical activities

This is the firs time I have heard of someone not getting AA

As always a huge thank you for any help, advice or tips

past caring
forum member

Welfare Rights Adviser - Southwark Law Centre, Peckham

Send message

Total Posts: 1123

Joined: 25 February 2014

I don’t think you need case law here.

What you need to do is to set out;

- precisely the things that the client forgets/forgets to do
- why this results in care needs
- why those care needs, in terms of frequency, regularity and duration meet the qualifying criteria for an award

Oldestrocker
forum member

Principal - Forensic Accountants, Canterbury

Send message

Total Posts: 100

Joined: 26 September 2011

As Past Caring states it is vital that you spell it out for the DWP.
As for a case that was refused AA. Elderly lady riddled with Arthritis. Went as far as tribunal who agreed with the DWP. Statement from FTT was damning of the claimant - stated that she was not a credible witness. Within 2 weeks of refusal a new claim was made and copied from the previous claim. Some 5 weeks later decision was to award day & night rate indefinitely!