dla care allowance help

Share information, support and advice on all aspects of caring.
hi i hope someone can point me in the right direction my husband has severe back probs such as degeneration muscle spasms sciatica we currently get low rate care with his dla but for the last week his back has got worse he cant move without his back going into spasm as as such cant do nothing im having to help him with his socks help in and out bath trousers and shoes can i go for middle rate without losing the dla i have had different opinions on this and would like some professional advice before we attempt it
There is a backwards test and a forwards test, i.e. to gain entitlement the condition has to have existed for a certain length of time and be expected to continue for a certain length of time, one week may be seen as being too short to indicate either without strong medical evidence. Applying for an increase always carries the risk of losing the award already in place so whether anyone applies is largely up to how much risk they're willing to take with an existing award, it shouldn't be a deterrent but sadly it is and some continue with an award which doesn't reflect their needs for fear of losing a secure existing rate. I think that these are always issues to raise with a welfare rights advisor, your CAB for example, we can only use our own knowledge and personal experience which may differ from that of someone trained in providing advice. I don't know if this helps?
it shouldn't be a deterrent but sadly it is and some continue with an award which doesn't reflect their needs for fear of losing a secure existing rate.
How true Annie!
It really shouldn't be but it so often is! Image

We are caught in this one as OH will not ask for a review of his DLA.
I know he should qulaify for high rate care but he's unwilling to ask for a review. Image

We had a messy I.B. review a few years ago, where they mistakenly said OH was fit for work and the DWP suspended DLA pending the appeal - something they shouldn't do - but they do!
It took 7 months of hell - financially and physically we couldn't cope with the disability's extra expense and the stress of all this, just made the disability almost impossible to cope with.
I'm surprised we both survived the experience intactl. Image
Anyway, after the 7 months of hell, it took 4 minutes on appeal to reinstate I.B. and when they next reinstated DLA it was indefinately. Image

OH could not cope with the stress of the DWP appeals system - it darned near killed him the last time, come to that I don't think I could cope with that hell again either as he's so much worse now. Image

We can just about manage the extra expense using middle rate care -so we're staying as it is for as long as we can.

marie x
Yes, we are just the same. I am up many times at night with my husband, but we once appealed, and they suspended all benefits for two years,and re-instated them without any medicals or questions. Fortunately, it was at a time when I was working, and I upped my hours, and my late mother stepped in as a Carer, luckily she didn't mind doing it unpaid.We are too afraid to ask for a review now.My husband receives the middle rate care, and high mobility component.

When my elder son, who has Downs Syndrome, was diagnosed with Diabetes, making his needs much more complex, I let them know straightaway, as it says on the forms. I did not know the difficulties we would have with his care needs at that time, as his school were so supportive. DLA people must have looked at the rules for Diabetes type 1, and forgotten about the Downs Syndrome, as they cut his benefit, and we ended up in a tribunal, where we only walked through the door, and they said the evidence we had brought in proved that he needed the DLA. WE only stayed for one minute. What a waste of time and money, to tell us what we knew in the first placethat he still needed the high care rate, that he had previously been getting.