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DLA Change Of Circumstances
- cantona43
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1 year 4 months ago #281967 by cantona43
DLA Change Of Circumstances was created by cantona43
Hi, A Relative of mine receives DLA indefinite award for high rate mobility and low rate care since 1993. His health has deteriorated and he has COPD (pulmonary Fibrosis) diagnosed 2017 and he is finding it much harder to cope day and night. He is approaching retirement age (early October 2023). he is worried what to do because he has been told that he would have to make a new fresh claim for PIP and with his retirement getting close he may loose all of his DLA with making the claim for PIP.
Thanks Neil
Thanks Neil
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- Gary
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1 year 4 months ago #281983 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic DLA Change Of Circumstances
Hi cantona43
Due to your relatives date of birth, they will be asked to apply for PIP at some stage either before they reach state pension age or after they reach state pension age.
They can report a change in circumstances, in which case a PIP claims form may be sent out, if they are successful, the claim should be backdated to the date of the phone call.
One of the first things is to understand the difference between DLA and PIP.
DLA looks at generic care needs in regard to bodily functions, PIP looks at the claimants specific ability to carry out an activity such as eating. DLA was awarded because the claimant needed an amount of care (in time) during the day, the night or both, to help them with that bodily function.
PIP looks at the claimant's ability to complete specific tasks within the activity and is points-based, these are clearly defined and it is easy not to score points because the claimant has not shown that they meet those specific criteria.
DLA treated the use of aids as a reason to reduce the amount of care needed, PIP treats aids as an indication of disability and in general they score extra points.
DLA's care need was reasonably generic, PIP treats prompting, assistance and supervision as different activities and as a result, they can score different points.
DLA required that the care was required for the majority of the time, for PIP it is the majority of days.
For PIP activities must be completed reliably, this means
• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.
Although DLA considers these terms, they are poorly defined as they are implemented through Case Law rather than being defined in the legislation as they are for PIP.
Do check out our guide for caiming PIP; benefitsandwork.co.uk/guides-for-claimants/pip
Gary
Due to your relatives date of birth, they will be asked to apply for PIP at some stage either before they reach state pension age or after they reach state pension age.
They can report a change in circumstances, in which case a PIP claims form may be sent out, if they are successful, the claim should be backdated to the date of the phone call.
One of the first things is to understand the difference between DLA and PIP.
DLA looks at generic care needs in regard to bodily functions, PIP looks at the claimants specific ability to carry out an activity such as eating. DLA was awarded because the claimant needed an amount of care (in time) during the day, the night or both, to help them with that bodily function.
PIP looks at the claimant's ability to complete specific tasks within the activity and is points-based, these are clearly defined and it is easy not to score points because the claimant has not shown that they meet those specific criteria.
DLA treated the use of aids as a reason to reduce the amount of care needed, PIP treats aids as an indication of disability and in general they score extra points.
DLA's care need was reasonably generic, PIP treats prompting, assistance and supervision as different activities and as a result, they can score different points.
DLA required that the care was required for the majority of the time, for PIP it is the majority of days.
For PIP activities must be completed reliably, this means
• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.
Although DLA considers these terms, they are poorly defined as they are implemented through Case Law rather than being defined in the legislation as they are for PIP.
Do check out our guide for caiming PIP; benefitsandwork.co.uk/guides-for-claimants/pip
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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