Disability Living Allowance

[mrs_overall]

I've just had my niece on the phone in tears. Her daughter (12) has been registered blind all her life and they have always received the middle rate care component of DLA. My niece & her husband have recently separated and at the same time the DLA stopped. My niece has just phoned them and they said that her husband had reurned the renewal forms....and stated their daughter was no longer disabled.(Horrid, spiteful man!) My niece protested that this isn't true, but they said the case was closed and that's the end of it.
Surely there must be something she can do?

[sara3]

that's ridiculous! they can get her examined by a Departmental doctor, or ask for medical evidence from her GP.

she has to go back to them and make more noise. that's just not right.

and what a pig of a husband!

[mrs_overall]

I've just phoned our local Disablement Action Group who have said my niece will have to ring them again and apply for a "supersession appeal"....whatever that is.

On a brighter note, my niece is in the process of phoning the police to grass up her ex as he has no insurance on his van. Karma!

[sara3]

good for her, I wish her luck :o)

btw, there's a link on the Paraffin thread now (not me!).. it hadn't been removed after all. sqad is working his way up to virtually throttling me!

[mrs_overall]

Thanks sara.

Sqad is easy to deal with - a slap usually sorts him out!

[DEN53]

What a pig he is - tell your niece to get in touch with the DLA - I think their office is in Blackpool - explain the situation and get her own GP involved.

I also think she should be on the higher rate of DLA.

good luck x


10/10 to your neice for grassing her husband up (:o)

[daffy654]

I don't think an appeal is necessary here,it should just be a case of making a new claim.If your niece speaks to a supervisor at the DLA and explains the situation she may get more sense from the dept.Also she could try writing to her local paper and her MP,getting public figures involved usually makes the bureaucrats work faster.
DEN........blind people don't automatically get the higher rate of care component,that is reserved mainly for people who are so disabled that they can't feed and dress themselves etc.

[eyeshade]

You could try the RNIB who should be able to advise you hopefully.

[padanarm]

Poor soul.

Since the daughter was under 16 one of the parents would have applied on her behalf. If the DLA was stopped the claimant should have been sent a written decision. Your niece should appeal against that decision in writing and ask for a supersession (to overturn the decision) on the grounds that the decision was made on incorrect factual information. Any payments should be backdated.

There's detailed info on the DWP website

There may be the possibility that the husband could be investigated for making a false declaration.

Hope everything gets sorted out soon.

[Connemmara]

Appeal is the right thing to do although other authorities may quicken it up.

In Ireland they call it the Daily Liquid Allowance

[mrs_overall]

Thank you all so much for your advice.
My niece contacted the RNIB who have confirmed that she will have to make a supersession appeal. She has been back in touch with the DLA office and they are sending out the forms.
My great niece (the 12 year old in question) phoned her dad to ask him why he had done it. The evil git told his daughter that if she (or her mother) reclaimed DLA it would mean that some other disabled child would have to go without the benefit because of her!!!!!!!! How low can someone get?