Case Study 1
Client attended for an appointment for advice and assistance with regard to making a supercession claim to Disability Living Allowance (DLA). Client is currently in receipt of DLA Higher Rate Mobility and Lowest Rate Care and states that this was awarded on Appeal two to three years ago. However, Client states that there has been a significant change to her care needs since the award was made and, as such, Client wishes for her award to be looked at again.
Client lives with her husband and non-dependent daughter in private rented accommodation. Client states that she is in receipt of Income Support (IS) via incapacity and they receive Housing Benefit (HB) and Council Tax Benefit (CTB). Client has no other income.
Client states that she is diagnosed with osteoarthritis, asthma and diabetes. Client states that she requires attention throughout the day with her personal care needs and states that she also needs physical assistance from her husband at night. Client states that they have been assessed by occupational therapy and that several major adaptations are required to the property such as raising the toilet for ease of use, removing the bath and fitting a walk-in shower. However, Client states that she has been told that it may take up to three years for the work to be done.
Client believes that because of the present level of her care needs, she should be entitled to an increased rate of DLA. Client states that she wishes her daughter to act as her Carer and is aware that in order for a claim to Carer’s Allowance (CA) to be submitted, she must first be receiving Middle or Highest Rate Care.
Discussed Client’s care needs as they relate to DLA criteria. From information provided by Client, it appears that she has significant care needs both day and night above and beyond those accepted when the original claim was made. As such, a supercession claim may be appropriate as it appears Client may be eligible for an award of Middle Rate or perhaps Highest Rate care because of additional night care needs.
Discussed supercession claim process with client. Advised that a supercession claim allows the Department of Work and Pensions (DWP) to consider the entire award and therefore they may consider client’s entitlement to mobility as well as care. Advised that decisions can be revised down as well as up and therefore it is possible that client’s entitlement to DLA could be reduced or stopped entirely as well as possibly remaining the same or increasing. Client confirmed that she understood this. However, she feels that her needs are such that it is appropriate to proceed.
Went through DLA supercession claim forms with Client and claim forms completed using information provided by Client.
Discussed decision making process and advised that, on average, a decision is likely to take about eight weeks although this can vary. If the decision is to increase the award, additional entitlements may arise for example the possibility of the Client’s daughter making a claim to Carer’s Allowance. If the decision is not favourable, advised of Client’s right to submit an Appeal in writing within one month of the date of the decision. Client advised to contact Advisor as soon as a decision is received.
Briefly discussed Appeals process although Client confirmed that she is familiar with this as she has previously attended an appeal Hearing. Agreed that the procedure can be discussed at greater length, if required.
DLA supercession claim forms submitted with covering letter from Advisor.
Confirmation of advice letter to Client and copy held on file
Awaiting outcome.