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JIM STRANG
WELFARE RIGHTS AND EMPLOYMENT LAW CONSULTANTS
This article has been reproduced with the kind permission of 'The Wirral Globe'/Jim Strang.
WILL DLA CHANGES HIT YOU?
This article is about the new drive by the DSS to remove people from Disability Living Allownace DLA.
The initial idea is to stop fraud of DLA but inevitably it will result in genuine people being removed from the
benefit or having a reduced rate being paid. There are some exemptions and these wil be listed below.
In particular this is some advice as to what you can do to reduce the chances of having the benefit removed
or even reduced.
WHAT IS IT ALL ABOUT?
The DSS are currently reviewing awards of DLA that have been made for life. This is called the integrity project
and was part of the previous governments drive to reduce the social security budget and anti fraud drive. The project
began in May 1997 and is expected to run for two years.
HOW WILL IT WORK?
DLA claimants receiving the higher rate mobility and the higher rate care components will be visited. Claimants
receiving higher rate mobility and middle rate care will be sent a questionnaire. No other DLA awards should be
contacted so for example if you receive the high rate mobility on its own or the high rate care on its own you
sould be O.K.
WHO IS EXEMPT FROM THE TEST?
There are a number of exemptions from this intrusion and they are as follows:-
Children; if you have had a review in the previous year; people with an underlying entitlement (people in hospital);
amputees; people who are both deaf and blind; severely mentally impaired people and quadfriplegics. If you
have been awarded DLA for life unless you are in one of the groups above then you can expect to hear from the DSS in
the near future.
WHAT CAN BE DONE TO REDUCE THE RISK OF LOSING DLA
If you receive the DLA 250 form the first thing to do is to get advice from an expert in this field. This on its own
could reduce the risk of losing benefit. As soon as you get the form if you intend to deal with the matter yourself
(bad idea) then you should write to the DLA unit and ask for a copy of your original form as well as any other evidence
that was used by the adjudication officer in deciding your claim. It should be obvious from your original application
if your circumstances have changed or not as the case may be. In effect you can ask the DLA unit to give you a copy of
the file that they hold on you for DLA.
HOW CAN THE DSS DO THIS?
The 1997 fraud Act allows the secretary of state to undertake investigations to obtain information and evidence for the
purpose of reviewing DLA awards. If a visit or a questionnaire unearths information which may render the award suspect,
the claimant will then have the right of review and appeal if the award is changed. If you do not fill in the form or
comply with the visit your benefit will be withheld.
POSSIBLE EFFECTS
The effects on people with motability agreements could well be catastrophic. There could also be a knock on effect for
people who receive invalid care allowance if DLA payments are changed.
WHAT IF I GET A QUESTIONNAIRE
If you receive a questionnaire form DLA 250, then you must seek advice as soon as possible. At risk is you award of DLA.
As previously stated if you are not exempt you will hear soon. I have in fact recently dealt with a pensioner in her 70's
so don't be surprised if they contact you.
GETTING ADVICE
There are a number of advice agencies that can help. Many offer free advice, so make enquiries first to establishthat they
know how to deal with the form. Other organisations make a charge, but remember you only get what you pay for, so ensure the
one you contact is an expert in the field.
JIM STRANG COMMENTS
Contrary to wrong information published in a local newspaper, there is a legal requirement to complete the questionnaire DLA 250.
Failure to do so will result in dire consequences.
IF YOU NEED TO KNOW MORE ABOUT THIS ARTICLE OR ANY OTHER WELFARE RIGHTS OR EMPLOYMENT PROBLEM THEN WRITE TO:
(ENCLOSING A STAMPED ADDRESSED ENVELOPE FOR A REPLY)
JIM STRANG
8 Fairbeech Court
Beechwood
Birkenhead
Merseyside L43 7SZ
IF YOU WISH MR STRANG TO ACT ON YOUR BEHALF THEN GIVE HIM A RING ON:
TELEPHONE: 0151 606 1188
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