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Thread: help for reporting a change of circs (dla)

  1. #1

    help for reporting a change of circs (dla)

    Hubbys mobility has improved a bit so we have informed dla. We were sent tbe forms to fill out but were told they look at the whole claim again....this has made me really scared as his care needs are the same yet he could lose the award....does anyone have any advice for me

    Tia

  2. #2
    Unfortunately, you have now opened up a whole can of worms; you have voluntarily entered in to a totally unfair system with possible life changing consequences. I know this because I foolishly did the very same thing myself. However, by the skin of my teeth, things remained the same, however, it was a close call.

    Buster

  3. #3
    Quote Originally Posted by buster21 View Post
    Unfortunately, you have now opened up a whole can of worms; you have voluntarily entered in to a totally unfair system with possible life changing consequences. I know this because I foolishly did the very same thing myself. However, by the skin of my teeth, things remained the same, however, it was a close call.
    There's nothing voluntary about it, Buster - if your condition improves, you are obliged to declare the change of circumstances. If you do not do so, DWP can reduce the award retrospectively, leaving the claimant with a large overpayment and subject to recovery action. If the withholding of the change of circumstances was felt to be dishonest, there is the possibility of prosecution for fraud related offences.


    Any time a DLA award is looked at again, the decision maker is only compelled to look at the component indicated by the reason given to look at the award again or the available evidence. However, the decision maker has the discretion to look at both components again.

    The only advice I can give is to angel2k13 is to complete the forms in full and enclose supporting evidence just as if you are making fresh application for DLA. If you keep stressing in your answers to the Care component questions that the needs are stable and nothing has changed recently, you should hopefully lead the decision maker to conclude that the Care component award is correct.

  4. #4
    Can we just fill out mobility and write no change for the care....we havent had a clear answer from dla

  5. #5
    Quote Originally Posted by angel2k13 View Post
    Can we just fill out mobility and write no change for the care....we havent had a clear answer from dla
    You can, but that risks the decision maker deciding to review the existing Care component award with no information to support your 'no change' assertion in front of him or her. I feel the safest way is to treat this as a complete reapplication. Others may disagree with me.

    The big problem with writing 'no change' is that there's no guarantee DWP still have the claim form and other documents relating to the previous decision. These documents are not stored indefinitely.


    It's always a good idea to keep a copy of benefit claims. If you have a copy of the previous DLA claim, you could always enclose the Care component pages with a signed statement confirming these needs still exist as stated.


    Whatever approach you decide on, it might be best to explain briefly somewhere in the claim how your husband's mobility can improve whilst his care needs remain unchanged. If you give the decision maker reasons to believe what you write, they are more likely to do just that.

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