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Attendance Allowance

  • oilman
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13 years 5 months ago #58461 by oilman
Attendance Allowance was created by oilman
I am a 68 year old man.I was first taken ill 5½ years ago with Polyarthritus Nodasa. This meant I had to retire 2 years early.I was awarded the high component of mobility & care for 5 years.This finished December 24,2010.
On a previous post (57626)I detailed how I had been refused a continuance of the award, & my stressful experience at the Tribunal, where again my appeal was refused

I have just received (May 27th)the Statement of reasons for the Tribunals decision to dismiss my appeal.
The Statement consisted of 17 points.
Number 14 reads:-On the basis of our findings of fact the appellant did not satisfy the criteria for the award of the highest or middle rates of the care component or the higher rate of the mobility component from 23/12/2010.We were aware in coming to our decision that the appellant had previously had an award of the higher rate of the mobility component & the highest rate of the care component.We were satisfied that there had been a relevant change of circumstances in that the appellant was no longer unable to walk & did not need assistance with his bodily functions frequently throughout the day or during the night.
Number 15:-We were satisfied that the assistance he required would satisfy the criteria for the award of the lowest rate of the care component only as did his difficulties with preparation of a cooked main meal for himself.
Number16:-At the date of his renewal claim the appellant had attained pensionable age,65 in his case. No new award of the lowest rate of the care component or the lower rate of the mobility component can be made to him by virtue of the provisions of Regulation 75 Social Security Contributions & Benefit Act 1992.
Number 17:- The appellant is not entitled to DLA from & including 23/12/2010 & the appeal fails.

In all honesty, I have to agree that I probably am not now disabled enough to warrant the highest rate of the mobility or care. However, I do still have many problems, & still require assistance from my wife with showering,drying,
dressing,undressing,preparing meal,helping me when we're out etc.
I have some questions which I hope you can help me with.
1)Why couldn't the tribunal have reduced my award from the highest to the lowest rate?
2) Why would I have to make a NEW claim (if I was below 65)to obtain the lowest award in mobility & care?
After all,my appeal at the tribunal was for a continuance of a 5 year award. Why couldn't they just award it but at the lower rates?
3)I now feel that the way forward is to claim for Attendance Allowance. Do you agree?
4) If you agree, do you have any advice, i.e.anything on this site? filling out the claim form etc.
I have just received the claim form which is very similar to the one to claim DLA.Should I include with my claim for Attendance Allowance,ALL the forms, letters,Tribunals Statement of reasons?
Your help would be very much appreciated.






oilman




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13 years 5 months ago #58470 by Crazydiamond
Replied by Crazydiamond on topic Re:Attendance Allowance
As moderators our area of expertise is in relation to disability living allowance, attendance allowance, the personal capability assessment used in connection with incapacity benefits, and the work capability assessment used in connection with employment and support allowance. So those are the only subjects on which we can provide reliable information. However, you need to bear in mind that boards like this can never provide advice to individual claimants about their specific circumstances, for that you need to use an advice agency.

All we can offer is general information about how the system works.

However, we cannot offer advice to individuals about a specific benefits problem under any circumstances. To give accurate and reliable advice about a specific benefits problem, we'd need to know a great deal about your income, savings, health, household arrangements and more. To give advice without all this information would seriously risk misinforming you.

If you need specific benefits advice, you can download our FREE, 12 page guide to getting help with your benefits

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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