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Disability Living Allowance

27 REPLIES 27
Guest user
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Re: Disability Living Allowance

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.

Jane

Guest user
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Re: Disability Living Allowance

Dawn and Cathy

Thank you very much for the info, my husband always worries about these things.

thanks beli x

Guest user
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Re: Disability Living Allowance

Hi Beli

Dawn is right of course DLA is not taxable -

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.

cathy

dawnhc
Member

Re: Disability Living Allowance

Hi Beli,

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.

Dawn

Guest user
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Re: Disability Living Allowance

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.

Thanx,
Beli

ForumMember
Member

Re: Disability Living Allowance

Hi 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.

Good luck.

Pinkdove

ForumMember
Member

Re: Disability Living Allowance

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

dawnhc
Member

Re: Disability Living Allowance

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.

Dawn

Guest user
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Re: Disability Living Allowance

Hi everyone

I applied through special rules which states that the you have alife expectancy of 6 months or less. Although this is a horrendous thing to be faced with no one really knows how long we have to live. You need to get your gp or consultant to complete a DS1500 form and then you only need to complete part of the DLA form. As far as i am aware this will then automatically give you the higher rate for personal care. The mobility part you will need to complete and the advice I would give for this is to put down how you are on your worst day. Some days my mobility isnt too bad at all but other days i get terrible pain and cant walk very far ar all. If you get the higher rate of mobility you are then eligible for a blue disc and also a refund on you car tax which is very helpfull.

I think that everyone who gets secondary spread with symptoms should try to apply through special rules as even if they manage to go back to work there tends to be extra outgoings e.g. heating on all the time, prescriptions, pertrol to name but a few.

Maddison

Guest user
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Re: Disability Living Allowance

thanks moderator,
it was mistake i appolagise, i am still in the dark ages i think, i get the high rate, why on earth are they not letting some of you girls claim it??
i,m sure most of you fit the criteria

i agree with mod, and think it would be better served under the breast cancer label to help others

love to you all
cee

Guest user
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Re: Disability Living Allowance

Dawn -
thanks - I was pretty sure about this - but not 100% sure of details -as unfortunately this is my second experience with DLA as my son claims it - had never heard of DWA!

moderator -

I think this whole correspondence shows what a vexed area this is - what would be useful would be a general note on what people with breast cancer and or breast cancer with secondaries usual experience is with DLA, rather than a rehash of the rules from the government websites,

catherine

juliet66
Member

Re: Disability Living Allowance

You are right. It is now working tax credit with an extra element included for disability (any rate of dla) or enhanced disability (high rate).
I am still trying to work and will do for as long as I can, to help meet family essentials. I am on DLA under special rules-high rate care and mobility. I informed them from the start that I was still working (albeit reduced hours under 'reasonable adjustments' in DDA).
julie

dawnhc
Member

Re: Disability Living Allowance

Ceegra,

The Disability Working Allowance was withdrawn in 1999 - I quote:

"Disability Working Allowance (along with family credit) was withdrawn and replaced by a cash "tax credit" as from 5th October 1999, linked to the PAYE system and paid by employers as from April 2000 (see Social Security/Tax Credits ).

Disability Working Allowance was originally introduced in April 1992. It was designed to help people with long term disability or illness to find or stay in work. DWA worked in a similar way to family credit by topping up low wages of those working at least 16 hours per week but having an illness or disability which limited their earning capacity. "

dawnhc

Guest user
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Re: Disability Living Allowance

but as you say i think mainly folk applie for DLA, and my god you guys need it to help you, and why not,

sorry tracey that you only got the low rate

are you getting help with medications etc

bless you all
cee

Guest user
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Re: Disability Living Allowance

hi all
if you look up DWA it is there here is a small snip of it

(1) After section 27A of the 1986 Act there shall be inserted—
“Disability working allowance

27B Supplementary provisions about disability working allowance (1) In this section—
“initial claim” means a claim for a disability working allowance made by a person—
(a)to whom it has not previously been payable; or
(b)to whom it has not been payable during the period of 2 years immediately preceding the date on which the claim is made or is treated as made; and
“repeat claim” means any other claim for a disability working allowance.
(2) On an initial claim a declaration by the claimant that he has a physical or mental disability which puts him at a disadvantage in getting a job is conclusive, except in such circumstances as may be prescribed, that for the purposes of section 20(6A)(b) above he has such a disability (in accordance with regulations under section 20(6C) above).
(3) If—
(a) a repeat claim is made or treated as made not later than the end of the period of 8 weeks commencing with the last day of the claimant’s previous award; and
(b) on the claim which resulted in that award he qualified under section 20(6B) above by virtue—
(i) of paragraph (a) of that subsection; or
(ii) of there being payable to him a benefit under an enactment having effect in Northern Ireland and corresponding to a benefit mentioned in that paragraph,
he shall be treated on the repeat claim as if he still so qualified.
(4) Regulations may provide that an award of a disability working allowance to a person shall terminate if—
(a) a disability working allowance becomes payable in respect of some other person who was a member of his family at the date of his claim for a disability working allowance; or
(b) income support or family credit becomes payable in respect of a person who was a member of the family at that date.”.
(2) The further amendments specified in Schedule 3 to this Act shall have effect.
8 Effect on entitlement to family credit of entitlement to disability working allowance (1) In subsection (5)(b) of section 20 of the 1986 Act after the words “remunerative work” there shall be inserted the words—
“(bb) except in such circumstances as may be prescribed, neither he nor any member of his family is entitled to a disability working allowance;”.
(2) In subsection (10)(b) of that section after the words “income support” there shall be inserted the words “or a disability working allowance”.
9 Entitlement to other benefits on termination of employment after period of entitlement to disability working allowance (1) The following subsections shall be inserted after subsection (5) of section 15 of the 1975 Act (invalidity pension)—
“(5A) Where—
(a) a person who is engaged and normally engaged in remunerative work ceases to be so engaged; and
(b) he is entitled to a disability working allowance for the week in which there falls the last day on which he is so engaged; and
(c) he qualified for a disability working allowance for that week by virtue of an invalidity pension under this section having been payable to him; and
(d) the first relevant day after he ceases to be engaged as mentioned in paragraph (a) above is for him a day of incapacity for work and falls not later than the end of the period of two years beginning with the last day for which he was entitled to such a pension,
any day since that day which fell within a week for which he was entitled to a disability working allowance shall be treated for the purposes of any claim for such a pension for a period commencing after he ceases to be engaged as mentioned in paragraph (a) above as having been a day of incapacity for work.

Guest user
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Re: Disability Living Allowance

Hello Ladies,
Originally diagnosed in Feb 06.
IDC ER+ PR-
3cm Tumor
5 Lymph nodes involved
1 Sentinel Node - superclavicle
Full Radical Mastectomy
Immediate Recon - Infected necrotic back to theatre cut away - soooooo many poroblems
Delayed chemo due to infection
4 x Epi
4 x CMF
20 Radio
Herceptin.
Just thought i would give you my treatments etc . I am in receipt of DLA - Lower rate 17.75 per week.
The reason being I have also got Lymphodema in my arm and breast area - due to blocked lymph channels.
I applied on dx - have been refused until recently - they even sent me to a dwp Doctor.
Do they really think I am going to tell lies. Its all there in front of him in black and white.
I was told its not what you have got wrong with you but how it actually affects me.
Hence the lowest rate alone. Still I suppose I should feel grateful!!!
I have been refused every time i have applied.
At times I cannot lift my Arm at all - they did indeed give it to me for making and cooking a main meal but I thought they would give me the middle rate for personal care.
I am so fed up with worrying about money since dx I have now left things as they are. Tired of keep fighting.
As if we dont have enough to fight with this bloody cancer it can get all too much.
By the way girls I think it is a non means tested income. Anyone can apply. Whether working or not.
Let me pls know if and when you apply and how you get on
Take care
Love
Tracey
xx

Guest user
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Re: Disability Living Allowance

Hi Cee,

I'm not offended - just didn't want to see any misconception of the type of person claiming this benefit.

Best wishes,

Jenny

Guest user
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Re: Disability Living Allowance

Ceegra

There is no such thing as Disability working allowance. There is Disability Living Allowance (DLA) which is not means tested, you can work, or you can have a partner who earns money.

I think Employers can be paid a subsidiy for employing a disabled person and I think this is what you may be referring to.

I am sorry you have multiple health issues yourself and your understanding of benefits may be skewed by this. I claim DLA, I have a blue badge and I work. This is all based on the full facts I have fully disclosed to the relevant authorities.

I am not offended by your post - but i dont think you understand the system.

Cathy

Guest user
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Re: Disability Living Allowance

Hi Dawn and Jenny,

I was not meaning people that genuinlly need the DLA,

Disability Living Allowance, is there to help people with health issues that they need to pay for help and the means of getting about ie (car or taxis)
and are assesed at levels of what they can do?

there are three levels at which you can get it?
low rate meaning you need alittle care but cannot cope on a daily basis with some things
middle rate again much like the 1st one but that you need more help and have been awarded that ammount
high rate is that you find even the most easiest task of living and require much care more than 34hrs a week

I wasnt meaning folk dont deserve DLA and that they should apply.

Yoi can get an award called disability working allowance which is there to help ease you into work and to give you support in areas that the person requires

I cannot comment on the DWA as I am not able to work.

I am sure most of you have seen a supposedly disabled person park with the blue badge for parking only to see the occupant get out of the car with ease and nearly run to the shops and if they have a walking stick they just carry it.

In no way was I comenting on those in genuine need

I am only speaking as a severe disabled lady confined to a wheelchair and have multiple health issues, heart attacks and severe angina.

if i came over in a way that you feel i offended i am sorry, that was not my intention

I for one think those of you going through this awful desease and at times you could do with all the help you can get.

godbless you all
cee

dawnhc
Member

Re: Disability Living Allowance

ceegra said:
"i agree there is a minority that are getting it whilst working etc and they give the genuine folk on dla a bad name"

I was surprised to read a comment like this and found it very offensive. I am most certainly NOT a benefits scrounger! DLA is availabe to genuine claimants - working or not! It is not a means tested benefit, nor is it dependent on your working status or your financial means.

There is nothing to prevent you from claiming DLA and working. However, if you are receiving DLA and decide to return to work, this may be seen as a relevant change of circumstances leading to a review of your benefit.

dawnhc

Guest user
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Re: Disability Living Allowance

Sorry, just have to add my ten-penneth here,

Just because someone is working does not mean that their financial needs are any less than the rest of us diagnosed with secondary cancer. I know women who work and get DLA and no way would I wish them not to receive it. Why should they not be able to carry on with their lives as best they can? They are entitled to the same benefits as the rest of us. I receive DLA and I am currently looking to find a part-time job as it is still difficult to bring up two young children on just my partners salary and what ever small amount I can bring into the house. I hope by doing so, I am not going to be categorised as a benefits scrounger.

Jenny

Guest user
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Re: Disability Living Allowance

hi all,
i,m sorry your going through this,

i can say aroma, that if you are getting dla at the higher rate you wont have to go through another medical, i have just had a replie back after sending that form back.

i think if you all need personal help ie bathing etc you should get dla

i agree there is a minority that are getting it whilst working etc and they give the genuine folk on dla a bad name.

another thing, i had a leaflet from british gas, and if you are in reciept of some bennifits you can go on a lower tarrif and no increases til april 09

worth looking into it

love you all
cee

aroma
Member

Re: Disability Living Allowance

i could go on for weeks about the unfairness of this ,its really the pits when your ill to have to prove it !! as ive only recently fought to get this im livid that here we go again im up before a tribunal !!!why oh why dont they read our notes and see that yes we are ill .not because we want to be !!!!!!!!!! ive filled in the form but you can bet it will still lead to a doctors exam . we should all lobby parliament on this matter .target the no hopers i say some of them have never had a job ,and hey its out taxes that pay for them .hey want to get up on my soap box with me ? theres plenty of room !!!!!!! lynn x

Guest user
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Re: Disability Living Allowance

Hi lynn,
I know just how you feel.It makes my blood boil !!!
I have got secondaries in my liver and was turned down for DLA.Now I am suffering from aches,pains and stiffness in my joints and feel like a 90 year old woman.I even have trouble getting out of the bath the stiffness is so bad.I am still waiting to hear if I have to go to a tribunal or not.Why do we have to go through all this.As if it isn't humiliating enough having to apply for benefit that we have to stand up in front of strangers to tell them how ill we are! I've paid my taxes/national insurance all my life and had my own business employing staff who are doing the same,so I think I've contributed to the economy of this country enough to be given help when I've got a terminal illness.Perhaps it doesn't pay to be honest like us!
Sorry for getting on my soap box but this system makes me livid!!
Alli x

aroma
Member

Re: Disability Living Allowance

just had a new claim form today and boy am i spitting feathers it wasnt 4 mnths ago that i went before a tribunal and had to prove why i needed this .now im to have yet another medical as they think ive been off work too long now!!!!!!!! buggerme ive not been on a holiday and im still recieving treatments for my liver !! actually have always worked .why dont they target the down and outs then !! humm just might start being a naughty girl and then i will get all the benefits going !! .lynn x

Guest user
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Re: Disability Living Allowance

Just dropped into this topic.

Make sure that when you fill in the questions such as "can you cook a hot meal" they mean "can you peel spuds, clean carrots, put full pans on the stove " etc not" can you use a microwave".
Also when they ask the distance you can walk - they mean how far can you walk on a bad day without causing yourself damage, tiredness, fatigue, breathlessness etc.

I fill in forms with my patients so have learnt the correct way!

Guest user
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Re: Disability Living Allowance

Thank you Louise.

Ladies you are much more likely to succeed in this claim if you have an expert filling in the form with you eg McMillan Nurses, Citizen Advice Bureau etc.

Louise_BCC
Member

Disability Living Allowance

Hi All

I have noticed that there are often queries and questions asked on the forums on the subject of Disability Living Allowance. In view of this, I have given here some, hopefully, useful information on the Allowance along with the website link to further information from the Department for Work and Pensions.

Disability Living Allowance - sometimes referred to as DLA - is a tax-free benefit for children and adults who need help with personal care or have walking difficulties because they are physically or mentally disabled.

The information in this section is a guide only. The office dealing with your claim can answer any questions you may have about claiming and receiving Disability Living Allowance.

Who can get Disability Living Allowance?

You may get Disability Living Allowance if:
• you have a physical or mental disability, or both
• your disability is severe enough for you to need help caring for yourself or you have walking difficulties, or both
• you are under 65 when you claim

Special rules - if you are terminally ill

If you have a progressive disease and you are not expected to live for more than another six months there are special rules for claiming to make sure you get your benefit more quickly and easily.

Medical examinations

You will not usually need a medical examination when you claim for Disability Living Allowance. If you are asked to have one you can find out more from the link below.

How much do you get?
Disability Living Allowance has two parts called 'components':
• a care component - if you need help looking after yourself or supervision to keep you safe
• a mobility component - if you can't walk or need help getting around
Some people will be entitled to receive just one component; others may get both.
The care component and mobility component are paid at different rates depending on how your disability affects you.

How it's paid

Disability Living Allowance is normally paid directly into any account of your choice which accepts Direct Payment of benefits. This might be a bank, building society or other account provider.

You may be able to get someone else to collect your Disability Living Allowance if you wish. For help with this please contact your bank, building society or other account provider.

If you would like more information about how you can be paid by other means please contact the office dealing with your claim - details are in the 'Rates and how to claim' section.

Effect on other benefits and entitlements

If you start to get Disability Living Allowance it might increase the amount of other benefits or credits you're entitled to, such as Income Support, Pension Credit, Housing Benefit, Council Tax Benefit, Working Tax Credit and Child Tax Credit.

Disability Living Allowance is normally ignored as income for working out these income-related benefits and credits.

The DWP website is http://www.dwp.gov.uk/lifeevent/discare/ and this contains further information and advice on the subject of this and other benefits.

I do hope you find this information useful.

Kind regards

Louise
Facilitator