Severe Disability Premium

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  • #38643
    marcia
    Participant

    Please can someone help me stretch the regs? 🙂
    I have a claim where the claimant told us on his form that he was working part time, no other income was declared.
    The assessor looked at CIS and could see there was an award of DLA care middle rate, and DLM low rate, and added these to the claim. This gave the claimant the disability and severe disability premiums and increased earnings disregard.
    The problem is that the claimant doesn’t actually receive DLA at all.
    Although he qualifies for it the DLA was voluntarily relinquished by the claimant’s appointee when he started work.
    Schedule 3, 14 (2) (i) says

    he is in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act

    I’m not bothered about the overpayment of HB, it will be LA error and be written off, but this mans benefit reduces by about half and I want him to be entitled to as much as possible.

    So is it stretching it too far to say that he is in receipt, but that he just chooses not to accept it? I’m sure that the claimant and their appointee didn’t understand the importance of the DLA, and CIS does show it as being uprated every April even though he doesn’t actually get paid it.

    So please can anyone help????

    #109085
    jamesd
    Participant

    Can you not discuss the situation with either the claimant or the appointee and clarify to them exactly the difference actually receiving the DLA will make? Surely then they will change their mind and voluntarily acquire the DLA again.

    I would imagine that the appointee believed thatthe claimant should not be entitled to the DLA whilst he was working, which is obviosuly not the case.

    However, unfortunately the fact the regs state ‘in receipt’ would mean he would need to physically be getting it to qualify for the additional premiums.

    Regards

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