Should we reapply after these new changes? Mobility and care component — Scope | Disability forum

Should we reapply after these new changes? Mobility and care component

harley
harley Member Posts: 8 Listener
edited March 2018 in PIP, DLA, and AA
When my daughter who is visuially impared lived at home we were able to claim low rate mobility component and middle rate care allowance
when she left home they stopped the care component as they said she was independant because she had moved out and was living with her husband 
Her disability has not changed but they did re register her from severley sight impared to partial sight impaired after the RNIB wonthe rights for people with visual impairments to be legible for the higher rate component of the mobility allowance.
Do you think she should reapply or would she be wasting her time

Comments

  • JennysDad
    JennysDad Member Posts: 2,299 Disability Gamechanger
    Hi @harley and welcome to the community. We're very glad to have you.
    I'm not a benefits expert but we do have them at Scope and they will be in touch with you as soon as possible.
    Bear with us, if you can, and don't hesitate to be in touch if there is any other way in which we might be able to help.
    Warmest best wishes,
    Richard
  • mikehughescq
    mikehughescq Member Posts: 7,846 Disability Gamechanger
    As your daughter is an adult any attempt to challenge her rate of DLA will trigger the invite to claim PIP.  The RNIB victory is irrelevant to PIP.
  • harley
    harley Member Posts: 8 Listener
    Do you think that she would be entitled to anything if she applied for pip ?
  • Nystagmite
    Nystagmite Member Posts: 603 Pioneering
    It depends how her condition affects her.

    Moving out shouldn't have stopped her award though. It just has to be that her needs have to be reasonable. It doesn't matter whether she's getting the care she needs or not. 

    I live alone and my DLA didn't change after moving out.
  • mikehughescq
    mikehughescq Member Posts: 7,846 Disability Gamechanger
    It’s generally easier for people with sensory impairments to get PIP rather than DLA but you’re saying they lowered her level of registration? That’s unusual. May I ask why?
  • Nystagmite
    Nystagmite Member Posts: 603 Pioneering
    Some visual impairments can get better with treatments. I have a friend who did have an operation which meant he went from seeing fingers / shadows to being partially sighted.
  • mikehughescq
    mikehughescq Member Posts: 7,846 Disability Gamechanger
    @Nystagmite I appreciate that VIs can change but @harley implied the level of impairment had not changed. Certainly a change of address is not a relevant change of circumstances and I’m not yet hearing why the registration level changed.
  • harley
    harley Member Posts: 8 Listener
    Her registration changed as I said before when the RNIB campaigned to change the fact that people with visual imparementsvshoukd be legible for the higher rate mobility component 
    People who were registered on what was then a DB8 form needed to be seen by an ophthalmic department and the CVI forms were looked at and changed.
    Before the implementation of this the visual acuity was
    6/36 only seeing eye now it is 3/36 only seeing eye dependent on what eye complications you have.
    So as my daughter is 6/36 only seeing eye and she also has nystagmus with no peripheral vision 
    The rules of registration restricted the consultant to having to change her registration
  • mikehughescq
    mikehughescq Member Posts: 7,846 Disability Gamechanger
    @harley ah, ophthalmologists bless them. That is, to put it politely, nonsense. The rules for registration give examples of visual acuity and visual field but they are misinterpreted repeatedly as law rather than guidance. Opths can’t even agree on what a reduced visual field is. Some will argue that there has to be no perception of light whilst others accept that your visual field is reduced if you have a lack of useful vision in a peripheral area e.g. because everything is out of focus. The law says you can be registered as appropriate if it would be of benefit to you, regardless of VA or VF. Even RNIB get this consistently wrong. The reason I know this is 

    a) unlike most ophthalmologists I looked at law and guidance, and,
    b) it’s the basis on which I am registered.  
    c) RNIB help line advised me that I could not be registered!

    Updating the form I understand. Changing the status is much less clear cut.
  • harley
    harley Member Posts: 8 Listener
    Unfortunatley law did not do anything they are only interested in guidelines and as I am an ophthalmic nurse it is very frustrating that this is how they roll.
    My daughter has bilateral hypodysplasia with nystagmus not something that can get better but as she has been like ths from birth I have made her as independant as possible and am very proud as I am sure each and every parent are of their siblings
    It is frustrating as everything us a fight 
  • Nystagmite
    Nystagmite Member Posts: 603 Pioneering
    You should really have appealed. To get DLA, (or PIP) it just has to be reasonable. 

    I, for example, have moved. But still require help from my parents to do many things. But as I've got older, my vision has become worse (I've Nystagmus and we're not sure what the other diagnosis is yet) and so has my depth perception and I couldn't live at home because of the steps.
  • harley
    harley Member Posts: 8 Listener
    I did appeal and was told due to her registration status and that she was no longer at home she couldn't have the care component it angers me that they see a piece of paper not a person asking mg daughter how she manages on a daily basis because she has too its the little things like you say depth perception is a problem and at the minute due to working full time and having a young child having to use public transport to get to and from work which can put hours on your day as she is unable to drive her nystagmus is unstable 

  • Nystagmite
    Nystagmite Member Posts: 603 Pioneering
    edited March 2018
    What you've been told is wrong. 

    They do use everything against you though if you do try to be as independent as you can.

    If this was me, I'd apply for PIP. Just a warning, they, as seems to have what happened here, will use absolutely everything against your daughter,
  • mikehughescq
    mikehughescq Member Posts: 7,846 Disability Gamechanger
    @harley as @Nystagmite has said what you’ve been told and most likely an error of law. Registration status helps with PIP but it certainly shouldn’t be determinative. A change of address by itself would never be a relevant change of circumstances unless accompanied by other facts which suggested a change.
  • harley
    harley Member Posts: 8 Listener
    I would like to thank you all for your various help I have decided to help her reapply for her benefits see where we get 
  • Nystagmite
    Nystagmite Member Posts: 603 Pioneering
    Hope it all goes well.

    Anything you put on the form just has to be reasonable. She doesn't need to be getting the help, which makes this case very strange.
  • mikehughescq
    mikehughescq Member Posts: 7,846 Disability Gamechanger
    harley said:
    I would like to thank you all for your various help I have decided to help her reapply for her benefits see where we get 
    Are you within 13 months of the cessation? If so you could do a late MR or appeal depending on how far you went with the original decision. Doing a new claim is all well and good but you’ll have the same outcome if you approach it the same way as last time.
  • harley
    harley Member Posts: 8 Listener
    No it's been 4 years since she left home my daughter only has the lower rate mobility component to help with getting around equates to 20 a week and she also has a free bus pass for use in greater Manchester area 

  • mikehughescq
    mikehughescq Member Posts: 7,846 Disability Gamechanger
    Right, so as per my previous post, there’s no reapplication to be done here. What you’ll be asking for is a supersession so as to add care component. However, what that will do is trigger the invite to claim PIP.

    If she’s in the GM area then she’s got plenty of options for advice. Whereabouts is she? I can point you in the right direction.
  • harley
    harley Member Posts: 8 Listener
    Astley near Leigh 

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