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My brother cannot apply for a mobility car on DLA

4Reedmace

I have joined this community forum because I have encounter a very frustrating situation regarding my disabled brother's DLA allowance. Bill has a malformed right hand and right side walking disdfunction as a result of childhood polio, and I now have to use a wheelchair in order to get him out of his flat and into my Mine Cooper car.

In view of this deterioration in Bill's mobility, and the inadequete size of my car, I contacted the DWP to apply for a mobility car and, to my disbelief, I was told that because Bill did not initially apply for that part of the DLA, he can now no longer apply for or receive it.

I explained that Bill's condition, situation, and needs, had changed dramatically since his inital application for DLA, but, although the agent I spoke to was sympathetic, he was also adament that Bill's could not now alter or change his DLA in any way.

I find this 'Catch 22' ruling bizzare in the extreme; for it means that no matter how far an applicant's situation deteriorates, they cannot change their original DLA in order to get the financial help to pay for the mobility aids they are sure to need. I would very much appreciate any help or advice on this matter.

Kind regards,

David.

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Comments

thespiceman

Hello @4Reedmace Pleased to meet you welcome.

Sorry what has happened. Thank you sharing and thank you for joining.

Please can I suggest you need to look at our information, advice on PIP. DLA is being phased out and replaced by PIP.

Please also speak to CAB about PIP lots of information, advice. Help with form filling in.

We are a friendly supportive community . Care and share.

Please ask anything you wish to know some one will answer you.

Hope that helps.

Take care

@thespiceman

Liam_Alumni

Hi @4Reedmace,

Welcome to Scope's online community.

I'm sorry to hear about the problems you've been having with DLA. As @TheSpiceman mentions, DLA is being phased out and replaced by PIP, which could be a reason for this happening, but I am not sure. Has your brother considered applying for PIP?

@Gill_Scope, do you have anything to add?

poppy123456

Hi,
You haven't stated how old your brother is? DLA no longer exists for people that were under 65 on 8th April 2013. If he was older than that on that date then i'd advise him visiting his local CAB because it's very complicated and it may not be possible to claim the mobility part.

4Reedmace

Hallo, poppy123456,

Thanks for your speedy response to my post, it is much appreciated. Bill is 73 next November. I will take your advice to contact CAB.

Kind regards,

David.

4Reedmace

Hallo, thespiceman, and LiamO_Dell,

Thank you both for your warm and helpful replies. I will act on them as of Monday.

Kind regards,

David.

poppy123456

This link maybe useful. https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/challenging-a-dwp-benefit-decision-on-or-after-28-october-2013/changing-a-benefit-decision-by-revision-and-supersession/changing-a-dwp-benefit-decision-by-supersession/
Was there any reasons why he didn't apply for the mobility part before he reached 65?

poppy123456

If they go ahead and ask for the supersession then please be aware that they could also lose the award they already have. Expert advice is needed here. Good luck.

thespiceman

Hello @4Reedmace Thank you for your reply. Thank you for saying how old your brother is.

I would also suggest speak to AGE UK.

They do a very good website and lots of information, advice

Something to consider. I know. They might offer you solutions to your brothers plight.

Be very interested and supportive I am sure.

Hope you can get help and support. We are here as a community anytime. Please ask. Ready to listen.

Pleasure to meet you.

Take care

@thespiceman

Yadnad

Anyone that was 65 on the 8th April 2013 will continue to keep their DLA and not have to transfer to PIP. Someone who is 73 and did not have the mobility element of DLA on or before their 65th birthday they loose the right to claim it after they become 65.
The reasoning is that mobility issues that are claimed after 65 will relate to the normal ageing process and not a disability.

This question is irrelevant but why was not a claim made before he was 65?

4Reedmace

Hallo Yadhad,

Thanks for your impute. A claim for mobility allowance was not made on Bill's behalf before he was 65, because no one thought to do so. The net result of that oversight is that now that Bill needs that allowance, in order to get a car, he is not considered eligible for it. This is in spite of the fact that he is unable to walk unaided, and has to use a wheelchair in order to leave his home.

Kind regards,

David.

4Reedmace

Hallo poppy123456,

Thanks for that link; it looks very promising, I will follow it up tomorrow. And thank you thespiceman, I shall be getting in touch with Age UK.

Kind regards to you both,

David.

Yadnad

AgeUK may not have the specialised staff if you want to challenge the old award.

4Reedmace

Hallo Yadnad,

Thanks for that heads up.

David.

[Deleted User]

Hi David

It is most unlikely that your brother will be able to get the mobility component of DLA backdated for 7 years. You would have to prove that your brother was entitled to it 7 years ago and also that you had good reason not to apply for it before. (The fact that no-one thought of this isn't a good enough reason, as far as DWP is concerned).

Also, as poppy123456 said, the current award is likely to be reviewed at the same time, so you need to make sure that it is very "safe".

Do phone the Helpline if you want to discuss further and can't find local advice.

Best wishes

Gill_Scope
Scope Helpline
Tel: 0808 800 3333

Yadnad

Gill_Scope said:

Hi David

It is most unlikely that your brother will be able to get the mobility component of DLA backdated for 7 years. You would have to prove that your brother was entitled to it 7 years ago and also that you had good reason not to apply for it before. (The fact that no-one thought of this isn't a good enough reason, as far as DWP is concerned).

It is possible to get the DWP using evidence that the decision years ago was wrong and that it should be changed. I did that with a IIDB decision. I challenged a decision dated 2004 in 2011. The DWP agreed that the benefit should have been in payment for those 7 years.
BUT, they refused to make the payment because I did not lodge an appeal against the 2004 decision within the time limits.

No appeal - no money!

4Reedmace

Hallo Gil_Scope,

Thanks for you very helpful comment.

Kind regards,

David.

[Deleted User]

You're welcome David. Sorry not to be more positive.

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