New DLA/AA "Special Rules" awards to be reviewed after three years

Our very grateful thanks to Paul Trelor and the rest of the team at Disability Alliance for the following details.

Should you have concerns about Disability Living Allowance /Attendance Allowance. The Health and Social Care Team at Body Positive North West will be more than happy to help with advice, paperwork and signposting.

Call Emma on 0161 882 2200 to make an appointment.

The DWP has decided to follow the recommendations made by the disability living allowance Advisory Board (DLAAB) concerning DLA and AA “special rules” awards, cases where someone is suffering from a progressive disease where death can be expected within 6 months.

Main changes

With effect from 25 September 2006:

1- "Special rules" awards of AA and the DLA care component will be made for a fixed period of three years

2- Where the decision maker (DM) finds that a person who has claimed DLA under the “special rules” also satisfies the entitlement conditions for a mobility component, it will be for the DM to consider whether it is appropriate:

• for the mobility component award to be made for the same three year period as the “special rules” care component award (most likely where the walking difficulties which give rise to the mobility component entitlement, are the result of the progressive disease which gives rise to the “special rules” care component award); or
• to make the mobility component award for an indefinite period (most likely where the walking difficulties which give rise to the mobility component entitlement are not connected to the progressive disease which gives rise to the “special rules” care component award).

Existing awards

A “special rules” care component award is not a relevant change of circumstances which gives grounds for reconsidering entitlement to the mobility component. Mobility component entitlement may only be reconsidered if there is evidence on the “special rules” claim form that the claimant’s walking difficulties have changed.

Section 71(3) of the Social Security Contributions and Benefits Act 1992 requires that, where both components of DLA are awarded, the fixed period must be the same for each component (note: it is possible to have both a fixed and and indefinite award but not two fixed awards for different lengths of time).

Where an existing mobility component award is for a fixed period, there may be cases in which the period of a “special rules” care component award will need to be adjusted to more or less than three years, to fit in with the period of mobility award.

Renewals

A three year fixed period award for a terminally ill person will be subject to the existing renewal claim provisions.

Special rules pilot review

In early 2007 Disability and Carers Service (DCS) undertook a sample review of cases awarded AA and DLA under the special rules provisions that had been in payment for more than 7 years.

DCS have now decided to widen this exercise and look again at more cases made under the Special Rules provision which have been in payment for more than three years.

It will look first at the cases of those customers aged under 55 years old and then move onto customers who are aged between 55 and 64.

Alongside this DCS will look at a further sample of cases where the customer is aged between 65 and 84 years old. This information will inform decisions about whether a wider roll out should include customers in this age group.

People aged over 85 years old have been excluded from the exercise as evidence from the pilot showed that the vast majority of awards in this age group remain correct.

The exercise began in November 2007 and will last for approximately 12 months.

People selected to take part in the exercise will initially receive an enquiry form (DBD551) by post.

The form asks for up-to-date information about the customer’s medical condition and current medical practitioner.

On this form will be a direct telephone number to the decision maker who is looking again at their case.