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Thread: Help on DLA award (renewal) wording of award.

  1. #1
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    Help on DLA award (renewal) wording of award.

    Hello all.

    I have received my decision for DLA renewal, I was on HRM and LRC before and have been awarded the same again.

    The wording of the award for the care component has me a bit confused to be honest. It seems confusing and a little wrong. I am going to copy it out if that's ok.

    Help with personal care

    During the day

    Day attention

    You need help to

    .get in and out of be
    .use a bath or shower
    .dress and undress
    .eat and drink
    .manage your treatemtn and medication
    .prevent neglecting yourself

    You don't need help to
    .manage your toilet needs
    .get up and down stairs
    .get in and out of a chair
    .move about indoors

    You need help with your personal care from someone for about an hour and not several times right throughout the day.

    Day supervision
    You are

    .aware of common dangers
    .not at risk of dangerous behaviour
    .at risk of neglecting yourself
    .at risk from dizzy spells or blackouts

    You can take reasonable precautions to prevent any dangers

    Although you are sometimes at risk of danger you don't need supervising right through the day to prevent substantial danger to you or others..

    During the night

    Night attention


    You don't need help to

    .manage your toilet needs
    .sleep comfortably

    .manage your treatment or medication
    .turn over, change position or adjust bed covers

    You don't need help with your personal care from someone more then once or for 20 minutes or more a night.

    Night watching over

    You are
    .not aware of common dangers
    .not at risk of harming yourself
    .not at risk of dangerous behaviours

    Although you prefer to have someone with you, you don't need someone to be awake to watch over you at night often, or once for up to 20 minutes to prevent danger to yourself or others

    This means you are entitled to lowest rate not middle or highest rate care.

    What can't be considered

    As I have awarded you for day attention, I cannot consider any help you may need preparing a cooked meal.

    ---------------------------------------------------------------------------------------------------------------------------------------

    So, I have a few questions.

    They have, as before overlooked things said in my forms, which I presumed would happen.
    I suffer from some very bad black outs, particularly at night and hurt myself very badly and also I suffer from nightly panic attacks and have severe pain through the night, I also need help with meds and treatment in the night and help getting comfortable, but I knew they overlook things stated on the forms (which I did well). I also outlined well how I am not aware of common dangers and for some reason the decision maker states that during the day I am aware, but at night I am not aware of them.

    The few questions I have are about the fact it states that because I am awarded for day attention that they cannot consider any help preparing for a meal. Is this true? Do they not count the meal after that?

    Also it states I do need help managing my medication, which I take a lot of throughout the day, but it also says I do not need help several times a day.
    Also if I need help to prevent neglecting myself, how can they say it's for about an hour and not several times a day?

    I don't know, it doesn't read right, especially as the form was detailed with the trouble I have and the help needed frequently, it's like bits have been cherry picked, yet they state I don't need help frequently and the cooking bit has me confused.

  2. #2
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    There are two routes to lowest rate Care - needing some daytime attention (but not right through the day, which would lead to middle or highest rate Care) or needing help preparing a cooked main meal. As you met the "some daytime attention" criterion, you have satisfied the test for lowest rate Care and there's no need to look at help preparing a cooked main meal as the ability to cook is only relevant to lowest rate Care.


    DLA has very specific requirements for middle and highest rate Care. It's not so much that certain things you wrote were overlooked, but that they don't appear speak to those requirements. For example, being in pain throughout the night is not relevant unless you need some sort of assistance because of your pain, such as help taking medication or help being turned in bed, or it means you need someone to watch over you.

    I don't have the strength to write an essay on the disability tests for the Care component. In any event, such an essay would be of less use than it once was, as new claims for people of working age and many renewals are now for PIP (though DLA remains in place for those under 16 and the same tests are used for Attendance Allowance).

    I suggest you take a look at chapter 61 of the DWP Decision Maker's Guide, starting at paragraph 61051 on page 17. This text gives the definitions of all the key terms from case law, also it gives some worked examples. It's a rather dense text and uses a lot of abbreviations - if there's anything that doesn't make sense, post again and I will try to explain.

  3. #3
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    Quote Originally Posted by Flymo View Post
    There are two routes to lowest rate Care - needing some daytime attention (but not right through the day, which would lead to middle or highest rate Care) or needing help preparing a cooked main meal. As you met the "some daytime attention" criterion, you have satisfied the test for lowest rate Care and there's no need to look at help preparing a cooked main meal as the ability to cook is only relevant to lowest rate Care.


    DLA has very specific requirements for middle and highest rate Care. It's not so much that certain things you wrote were overlooked, but that they don't appear speak to those requirements. For example, being in pain throughout the night is not relevant unless you need some sort of assistance because of your pain, such as help taking medication or help being turned in bed, or it means you need someone to watch over you.

    I don't have the strength to write an essay on the disability tests for the Care component. In any event, such an essay would be of less use than it once was, as new claims for people of working age and many renewals are now for PIP (though DLA remains in place for those under 16 and the same tests are used for Attendance Allowance).

    I suggest you take a look at chapter 61 of the DWP Decision Maker's Guide, starting at paragraph 61051 on page 17. This text gives the definitions of all the key terms from case law, also it gives some worked examples. It's a rather dense text and uses a lot of abbreviations - if there's anything that doesn't make sense, post again and I will try to explain.
    Thank you for your reply.

    Now I understand what the cooking relevance means.

    Re the bold part, I outlined in my forms I need help getting in and out of bed and help getting comfortable, I also need someone with me to try to help me calm down as I have bad panic attacks at night and I also have dizzy spells and faints at night so I need someone with me if I faint or to help me to and from the bathroom (all outlined in the forms).

    I suppose I don't understand if I need help not neglecting myself how they can put that as an hour a day or if I need help with food and showering (which I highlighted takes me a long time because of pain and fatigue) it falls into under an hour or not several times, as I have to eat four times, take medication and treatment many times throughout the day and need supervision should I fall or pass out.

  4. #4
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    Quote Originally Posted by Flymo View Post
    There are two routes to lowest rate Care - needing some daytime attention (but not right through the day, which would lead to middle or highest rate Care) or needing help preparing a cooked main meal. As you met the "some daytime attention" criterion, you have satisfied the test for lowest rate Care and there's no need to look at help preparing a cooked main meal as the ability to cook is only relevant to lowest rate Care.


    DLA has very specific requirements for middle and highest rate Care. It's not so much that certain things you wrote were overlooked, but that they don't appear speak to those requirements. For example, being in pain throughout the night is not relevant unless you need some sort of assistance because of your pain, such as help taking medication or help being turned in bed, or it means you need someone to watch over you.

    I don't have the strength to write an essay on the disability tests for the Care component. In any event, such an essay would be of less use than it once was, as new claims for people of working age and many renewals are now for PIP (though DLA remains in place for those under 16 and the same tests are used for Attendance Allowance).

    I suggest you take a look at chapter 61 of the DWP Decision Maker's Guide, starting at paragraph 61051 on page 17. This text gives the definitions of all the key terms from case law, also it gives some worked examples. It's a rather dense text and uses a lot of abbreviations - if there's anything that doesn't make sense, post again and I will try to explain.
    Thank you for your reply, I thought I had already replied back to you. Thank you for explaining the cooking test part too.

    The confusion is that I state I often need a lot of medication throughout the day and also treatment too, plus supervision as I pass out cold randomly. I don't really understand how they believe I need help eating four times a day, meds throughout the day and also need help preventing myself from neglecting myself, but not frequently throughout the day.
    Re the bit on bold, I did explain I need help through the night in getting in and out of bed and because of extreme panic attacks in the night and blacking out in the night also. I gave details of the medication I needed in the night and also the help I needed to get comfortable too, so it wasn't a case of just saying I was in pain.

  5. #5
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    @birdwatcher, an unrelated question but what date did you send your renewal pack and when did you get the decision? I have sent my form back in October but still have not heard back and it would be appreciated if you could please answer my question, as then I will know how long it will take for mine to be looked at.

  6. #6
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    Quote Originally Posted by toolook View Post
    @birdwatcher, an unrelated question but what date did you send your renewal pack and when did you get the decision? I have sent my form back in October but still have not heard back and it would be appreciated if you could please answer my question, as then I will know how long it will take for mine to be looked at.
    Hello, toolook.
    I sent them off about the second week of November I think and received my decision letter on Saturday dated 17/12/2014.

    Sorry you have not heard back, maybe a phone call is in order to check everything is ok. Have you received a letter to say they are looking at your claim or contacting your GP? Did you send it recorded delivery so you could check if they got it ok?

    I hope you hear soon, especially with Christmas coming up, it's more of a relief to know the answer before then.

  7. #7
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    Quote Originally Posted by birdwatcher View Post
    Hello, toolook.
    I sent them off about the second week of November I think and received my decision letter on Saturday dated 17/12/2014.

    Sorry you have not heard back, maybe a phone call is in order to check everything is ok. Have you received a letter to say they are looking at your claim or contacting your GP? Did you send it recorded delivery so you could check if they got it ok?

    I hope you hear soon, especially with Christmas coming up, it's more of a relief to know the answer before then.
    Hi birdwatcher,

    Thanks for giving me that information, that helps. Mine was received on 15th October. I have called several times but the generic response, as I am sure you have heard it many times, is it is in the queue for the Decision Maker. I have sent a GP report, so they won't need to ask for evidence as it covers everything.

    I just want to know the answer more than anything and I am surprised that yours was dealt with quicker than mine, seeing as I have sent mines before you however it may be due to the fact that they sort them not only in date order but your surname initials.

    I am sorry to hear of your problems and the DWP ignoring them, they always do this. They just accept what they want to hear and ignore everything else. I wish you the best in your struggle with them!

    Thanks again for your reply.

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