The Disability Living Allowance and Advisory Board have announced a review of all “special rules” Disability Living Allowance cases awarded more than 3 years ago. This follows a legal review, a consultation with relevant care groups and a pilot survey of a small number of awards made more than seven years ago.
When will this happen?
The Disability and Carers Service (DCS) will carry out the review over the next year. The review will initially affect anyone who is under the age of 55 and on special rules benefit.
Why is there a change?
A number of people with HIV were awarded this (DLA highest rate care component) on the grounds, accurate at the time, that they were reasonably expected to die within six months. However, the introduction and development of combination therapy has led to the life expectancy of people with HIV improving a lot over the past decade. Combination therapy has also changed the care needs of some people.
What happens at a review?
If the review shows that someone claiming DLA under the special rules still satisfies the requirements of the award, then the DCS will not change their benefits. However, if this is not the case, the DCS will make further enquiries to find out what, if any, entitlement that person has under normal rules. Under these, the care component is paid at three different rates and the rate someone qualifies for will depend on their level of care needs. The DCS will not seek to reclaim any money from people who are not found to be eligible for the higher rates, but they may change what they are paid from the time of their individual review.
What should I do if I get a letter from the DCS?
- Please do not ignore the letter because a decision may be made about your benefit in the absence of the most up to date medical information.
- If you want to talk to someone before you complete the form please call THT Direct on 0845 12 21 200.
- Let your hospital consultant, GP or specialist know that they will be getting a letter asking for information about your DLA claim.
- Take that opportunity to discuss your medical condition with your doctor or consultant so that they can provide the most up to date and accurate information about your condition.
- If you do not want your GP (or any other persons or organisations) to be contacted please tick the relevant box on page 8 of the form.
- If as a result of this review your benefit changes, and you are unhappy about this, please get in touch with THT Direct so that we can help you decide what to do next and where appropriate help you find an advice agency in your area.
With acknowledgement to tht.org.uk February 2008
For free, confidential help and advice with your DLA Forms, in North East Lincolnshire, please contact Grimsby Citizens Advice Bureau on 01472 240919
