FACTS ON DISABILITY LIVING ALLOWANCE

Disability Living Allowance is a weekly benefit that is paid to people aged under 65. It has two parts called "components". One component is paid to help people who have difficulty getting about called the mobility component. The other is to help people who have difficulty with bodily functions and need attention or who need supervision to avoid danger from themselves or others - this is called the care component.

Mobility component

The mobility component has two rates - the lowest is for people who need guidance or supervision when out of doors. For example, if you cannot read road signs or know who to approach for directions then you may need guidance or supervision. If you become panicky and need someone to calm you and to encourage you to try to walk then you may need guidance or supervision. If you receive the highest rate of the care component, mentioned later, this "test" is usually accepted as being satisfied.

Most people receive the highest rate of the mobility component because they are virtually unable to walk. The test involves looking at the distance you can walk, how fast you walk and most importantly how you walk. If you have severe pain or breathlessness when you try to walk and can only walk a short distance before having to stop and rest, it is likely you will be accepted as virtually unable to walk. Although there is no set distance, the distance you can walk may be a major factor in deciding if you receive the mobility component and it is important that you are honest about your walking ability. Most people find it difficult to give a figure in yards or metres for the distance they can walk before they start to feel pain or distress. It may help if you think of the number of houses you can walk or how far you could walk up a football pitch.

People can also qualify for this component if the exertion or effort of walking could make their health worse - for example those with a heart condition may be told that walking could endanger their health or make them worse. This is the "exertion required to walk test".

Care component

The care component is paid to people who need either:

frequent attention in connection with their bodily functions for a significant portion of the day, taken to be an hour or more OR

help to prepare a cooked meal - this is a traditional meal but just for one OR

require frequent attention throughout the day, night or both in connection with their bodily functions OR

require supervision to avoid danger to themselves or others

Bodily functions are personal things such as getting up from bed or a chair, dressing, keeping clean, eating, drinking, communicating or help with medication. In fact this includes anything to do with your body and how it works. For example, you may be able to dress yourself but unable to get the clothes yourself - this would be reasonable if needed to help you to dress. The word "reasonable" is important. The attention you require need only be reasonably required not medically required. Also, you don't have to prove you get the help, you need to show that the help is reasonably needed. YOU DO NOT HAVE TO HAVE SOMEONE WHO STAYS WITH YOU AS A CARER OR HELPER. Frequent means a few times a day, not just once or twice.

Sometimes attention can be supervision and supervision, attention. For example someone could give attention to intervene in case you have an accident - this would also count as supervision.

The care component is paid at three rates: the lowest rate is for people needing attention for a significant portion of the day or who cannot prepare a meal for themselves, the middle rate is for people who need attention or supervision during the day or night, and the highest rate is for people needing attention or supervision during both day and night. A significant portion of the day is usually about an hour. During the night the attention needs to be repeated (more than once) and/or prolonged (lasting for about 20 minutes or more)

Advice on claiming:

The form to claim for the Allowance has three sections. The first asks for personal details such as date of birth, details of your GP and so on. The remaining sections ask questions about you and how your condition affects you and your walking - answer the questions as honestly as possible and in detail - attach a separate letter if needed. Picture your worst day and explain the help you need on such occasions or how your walking is affected. At the end of Section 2 of the form there is a brief statement to be completed by your GP or hospital - this is important as the information confirms your medical condition. If you need any help to complete the form ring us on 01942 820299. We can help with the form then send it to you for you to sign. Once you have sent the form in you may receive a reply to say a doctor is coming to see you. THIS DOES NOT mean that your claim is being treated with suspicion - these examinations are just to clarify the extent of the problems you have. Be honest with the doctor who visits you and go into detail. Remember, if you wouldn't normally do something, for example cooking, don't tell the doctor you do, explain why you don't! If you usually only walk to a car waiting to take you out, walk no further and explain why. If you have pain tell the doctor where it hurts and what it feels like. You will find our page Preparing for a visit by a DSS doctor could help you. 

The decision

So you’ve made your claim and you get a letter telling you what the Benefits Agency have decided. If you are happy with the decision that’s the end of it. However, check to see what date your award ends - about 6 months before the end date you should receive a set of forms to claim again. If you don’t get the forms or need help to fill then in ring us on 01942 820299. It is also possible that any award of benefit could be looked at again under the "periodic review" system. Again ring us if you need information on this.

 

 

 

But I don’t like the decision ....

Okay you’re not happy. You have 28 days to do something about it. We can help. You need to ask for a "reconsideration". You may need medical evidence to support your claim, again we can help.

There are some things to consider with this "reconsideration". If you have not been awarded any DLA then you have nothing to lose. But say you have been awarded the mobility component but no care component and you feel you should have the care component. What can you do? Again you have the 28 day time limit. You can say you are happy with the mobility you have been given but feel you should have been given the care component. The decision maker at the Benefits Agency is not bound by this - he or she can look at what you have been given and you could end up with nothing. So there is a risk. Again you may need medical evidence to support your claim. Again we can help with ALL of this.

If you leave it more than a month to do anything about the decision you may find you have to make a fresh claim unless you can meet certain conditions. If you have been given one component once such condition may be a change in circumstances which could give you a chance at a supersession (see below).

What is a change of circumstances?

A change in something personal to you. For example if your condition has got worse and you now need to do things more slowly or there are things you cannot do, this may be a change in circumstances. But your condition getting worse by itself may not be a change in circumstances unless it has a personal effect on you.

What if you get one component and would like the other?

You may receive the mobility component and, because you have a change in circumstances, would like to claim the care component or vice versa. To do so is not quite as simple as filling in a claim form. The process is actually called a supersession when you already receive one of the two components. You must write to the DLA Unit explaining that you wish to apply for this and why. They then send you a special claim form to complete.

 

If you need any further help perhaps to phrase a letter for a supersession, or if you are refused the Allowance and would like to take matters further contact our

ADVICE HOTLINE ON 01942 820299

OR WRITE TO US AT:

 

DISABILITY ADVICE AND INFORMATION SERVICES (DAIS)

10 Bridgeman Terrace, Wigan WN1 1SX

Home