I think many have problems with their GP signing the Special Rules Form - frequently being told ‘You are not that ill’! I think they need to be challenged but it is hard to raise these issues with a GP who takes this approach.
“The ‘special rules’ are for people who are ‘terminally ill’. A person is regarded as ‘terminally ill’ if they have a progressive disease and ‘can reasonably be expected to die within 6 months as a result of that disease’. This does not mean that it must be more likely than not that they will die in this period of time but it means that death would not be unexpected.”
The DWP now review a Special Rules award after 3 years asking if the claimants situation has changed. That alone says they do not expect all the claimants to die within 6 months.
I was fortunate in the hospital I attend to find an oncologist who took the approach that no one knew for sure how long someone with a secondary diagnosis can survive such is the uncertainty of the disease. The Social benefits officer in a hospital can be of help here, as can BCNs and Macmillan nurses.
My Gp signed my form under the special rules as I have secondary cancer in many places. I havn’t applied for my blue badge yet as my mobility is not too bad. I don’t feel guilty about claiming as the chances are that I am not going to get my state pension. I am 43 now. Also I have to pay for my prescriptions for my Armidex (which are keeping my tumours at bay). I use the money to pay for someone to help clean my house and keep my garden up together which I can’t do any more.
Apart from that there is the cost of fuel and parking which I encounter everytime I go to hopsital which is 20 miles away. I have to go for 6 week check ups at the moment.
Caroline
I also receive the higher rate of mobility and care but have also got a blue badge as the condition of my spine is very up and down. It also means that I can park at our hospital free of charge because I can park in the disabled and also the car tax is free but I do sympathise with you about the cost of fuel as it’s quite a long way for you to go to your hospital.
Does anybody know if you get disability allowance, as to whether i am classed as a tax payer or not? I want to open a bank account and need to know whether i can fill in the R85 which declares me as a non tax payer.
You wont need a R85 on this. DLA is not taxed, or dependent on income etc. i.e. not means tested. But an initial claim cannot be made by anyone over 65. If you are in receipt of DLA before 65 it continues.
just to confirm you can sign an R 85 as long as you have no taxable income, so if DLA is go right ahead and sign it, makes things much easier as you dont have to fill in a tax return and get the money back from the bank.
I have just heard I am getting DLA at higher rate…just 10 days after applying.
I put off applying 18 months ago when I was first entitled to …mainly for my own pschological stuff about the ‘6 months’ Now I just feel I’ve missed out on all that xtra money. My hospice nurse and GP were both great. My GP was struggling a bit explaining the 6 months so I helped her out by interrupting with: ‘What you mean is that if it all goes pear shaped I could be dead in 6 months, but we’re all hoping for rather longer’ She grinned and said that was a good way of putting it…and it is how I put it to friends etc.