PIP, DLA and AA
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My mum's health and attendance allowance

MeemawMeemaw Member Posts: 1 Listener
edited October 2018 in PIP, DLA and AA
Hi.  My mum is 70 years old.  she resides in a sheltered accommodation flat.  She suffers with severe COPD and uses a mobility scooter to get out and about.  She was refused Attendance Allowance about a year ago when she claimed with the support of the warden from where she lives.  She's managing financially on her Pension and pension credit along with housing benefit.  Sadly, she suffered a heart attack just last Tuesday 18 Sept.  she had a stent fitted and was discharged last Friday 21 Sept.  she's completely shattered not only physically, but mentally too - worried about what she should and shouldn't do and has aged before my eyes.  she's awaiting some input from the Coronary Care Community Team but i wonder if she shouldn't be applying for attendance allowance again.  Do you think she would qualify now, given the deterioration in her health.  Also does anyone know if there is a time limit between claims?  any advice would be appreciated.  thanks in advance.

Replies

  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,856 Disability Gamechanger
    Hi @Meemaw, and a warm welcome to the community! It's great to have you here.

    I'm so sorry to hear about what you and your mum have been coping with recently, it must have been really tough on you both. Hopefully some of our members more knowledgeable about AA will be along to advise soon, but I just wanted to let you know your post had been acknowledged. 

    In the meantime, I wonder if you've considered seeing your GP so they're informed about your current situation. It could be that they can refer you for some further support/ help with day to day life to make things easier on you both. Please do keep us updated and let us know how you get on!
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    I'm sorry to hear about your mum. There's no timescale between applying. However, for Attendance Allowance You must have had care or supervision needs because of your disability or illness for at least 6 months before you can get Attendance Allowance. So, if her condition has got worse since her heart attack then i'm afraid she won't qualify.


    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • YadnadYadnad Member [under moderation] Posts: 2,862 Disability Gamechanger
    Hi,

    I'm sorry to hear about your mum. There's no timescale between applying. However, for Attendance Allowance You must have had care or supervision needs because of your disability or illness for at least 6 months before you can get Attendance Allowance. So, if her condition has got worse since her heart attack then i'm afraid she won't qualify.


    I would also add that the website above quotes: - that the claimant would need help or supervision throughout the day

    That is an issue I have. Whilst needing help at some points of the day, the criteria is as above - throughout the day - from waking to going to bed.

    Thankfully I am not at that stage myself of needing that level of care/help throughout the day.

    If the poster's mum could be said to need help from carers over that timespan then put a claim in.
  • mikehughescqmikehughescq Member Posts: 5,769 Disability Gamechanger
    Throughout the day does not mean from waking to going to bed. The only relevant point here at present is that the first claim does not appear to have been challenged whilst a second is out of the question until any need have been there for at least 6 months. 

    Think we need to be clear though that someone who can get about on a mobility scooter may well have COPD but not sufficiently badly to qualify for AA. It’s also likely the next 6 months will see less need for care post heart attack rather than more.
  • YadnadYadnad Member [under moderation] Posts: 2,862 Disability Gamechanger
    Does it not? I seem to remember that the DWP state that the meaning of a day represents to waking hours whilst the night is from when they go to bed (the normal time of the household closing down) until getting up the following morning.

    You are right there is a waiting period but only so long as to dealing with issue of her heart condition. I would have thought that the reasons she made a claim 12 months ago will still probably stand - COPD - today. The heart condition is very recent.
  • mikehughescqmikehughescq Member Posts: 5,769 Disability Gamechanger
    No. Throughout the day means that whatever care needs you have cannot be confined to just one part of the day. The use of the word continuous rather than continual was dealt with in case law and it was deemed that the use of the former showed that the intent was not that care was every minute of the day or never ending. 

    The definition of day you’re referring to was simply to establish the difference between day and night time needs.
  • YadnadYadnad Member [under moderation] Posts: 2,862 Disability Gamechanger
    edited September 2018
    Hi Mike You have lost me.. For the first time this month my brain has gone dead! To me both mean the same. Well if I can't get it in my head how on earth am I supposed to convince the DWP that my care needs are continuous and not continual or maybe the other way round?
    I have looked both up on the net which to be honest has me confused even more so.

    continual
    forming a sequence in which the same action or event is repeated frequently.

    continuous
    forming an unbroken whole; without interruption.

    As for the case law, I have no idea which one you are referring to and how to access it.

    At best guess it should be continual and not continuous. In fact the CAB website makes no mention of either of these words it just says throughout the day meaning continual or as you say continuous??.
  • YadnadYadnad Member [under moderation] Posts: 2,862 Disability Gamechanger
    Yadnad said:
    Hi Mike You have lost me.. For the first time this month my brain has gone dead! To me both mean the same. Well if I can't get it in my head how on earth am I supposed to convince the DWP that my care needs are continuous and not continual or maybe the other way round?
    I have looked both up on the net which to be honest has me confused even more so.

    continual
    forming a sequence in which the same action or event is repeated frequently.

    continuous
    forming an unbroken whole; without interruption.

    As for the case law, I have no idea which one you are referring to and how to access it.

    At best guess it should be continual and not continuous. In fact the CAB website makes no mention of either of these words it just says throughout the day meaning continual or as you say continuous??.

    How on earth does the ordinary man in the street who is disabled and generally unable to decipher these words to see if they are in fact eligible to claim a benefit?

  • mikehughescqmikehughescq Member Posts: 5,769 Disability Gamechanger
    My bad. Wrong way round. Continual not continuous.
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