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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Less of an AIBU, more of a DWP HAVE BU: DLA suddenly stopped & PIP refused - what can be done for my friend & her severely disabled child?!

108 replies

ConcernedAboutMyFriend · 02/11/2020 17:01

NC. I am very worried about my friend and her little family. Can anyone in the know advise me urgently how to help her or what should be done please? Just to be clear from the outset, I am not seeking PMs or offers of financial help.

The background & circumstances: My lovely old friend lives in England, sadly geographically distant from me. She is the only parent and carer for her severely disabled child and has no extended family support at all. She has provided devoted care 24/7 for over 16 years at great cost to herself in terms of her health, having to give up her career and pretty much any sleep, social life or 'me time'. Recently her health is of particular concern and she has experienced 3 bereavements of people close to her. The need to shield her child on the advice of the medics since March and ongoing well into next year has added a new layer of worry and isolation.

Her child having turned 16, and being in receipt of DLA at the highest rates for both mobility and personal care, she was required - with much trepidation given the negative reports about it - to apply for transfer to PIP. This process was then put on hold before it really got started because of Covid-19. It was then restarted, and my friend eventually managed to send off the PIP application form having had to go without any sleep at all for 2 days to complete it while her child slept. So far so good, sort of.

The immediate problem: My friend has received a letter to say that DLA is stopping immediately and PIP has been refused. This has the knock on effect of stopping Carer's Allowance, severe disability premiums on Child Tax Credit and Housing Benefit including the 'spare bedroom tax' exemption and so on, upon which they have to entirely rely. This is even to the extent that the family car - an essential for a severely disabled child in a rural area who can't access public transport and needs to be taken to hospital and for calming drives - has suddenly lost the disabled exemption and is therefore no longer taxed. When she rang to find out why, DWP said they had not received the PIP form back, meaning it has been lost in their system or the post! While they have registered it for a 'reconsideration by a decision-maker', they warned that there are no guarantees DLA will be reinstated, and if so when, and could give no indication how long a decision would take. Every phone call has meant her being on hold for over an hour - difficult in itself as a sole carer - and even then getting no firm answers or even just getting cut off!

In the meantime, my friend and her little family have had the rug very suddenly, very comprehensively and very firmly pulled out from under their feet, and at an already very difficult time. This is through no fault of their own. My friend did everything right. DWP just needed to send another form and give her time to complete it, while continuing to pay DLA in the meantime so the family did not suffer. That would have surely been the humane response?!

I'm worried about my friend, that this extra and unfair layer of unkindness, of uncaring struggle, will prove too much for her. I'm not sure what I hope for from this thread. At least to raise awareness that this is what can happen to innocent people and this is how some of our most vulnerable and deserving are being treated on the quiet. If anyone has knowledge and experience in this area, or any bright ideas, I would welcome them.

OP posts:
Thighdentitycrisis · 02/11/2020 17:05

Does she have a contact at the local authority disabled children team? there should be a case holder who will be able to advise and even advocate on the family behalf?

Neolara · 02/11/2020 17:06

That's really, really terrible. I'm so sorry for your poor friend. What a rubbish system. Could she contact her MP?

MatildaTheCat · 02/11/2020 17:07

That’s disgraceful. When I had similar issues with PIP I contacted my MP who got things moving very quickly.

I hope your friend gets this sorted out.

StillWeRise · 02/11/2020 17:10

that's awful but not surprising
your friend needs someone (CAB, or local disability rog or other people as suggested by PPs) to help her fight this
many (i think it's in the region of 80%) PIP decisions are reversed on appeal
it's a disgrace that people whose lives are already hard are put through this

Agirlcalled · 02/11/2020 17:11

I read this. I have no experience to help unfortunately but hopefully can help get others who can help to respond. This is what is happening, it's those with the most need are getting the worst of it and no one seems to care. It sounds a nightmare and I really feel for her and her son. X

TicTacTwo · 02/11/2020 17:18

Get her to contact her local MP. They have a lot of sway and can speed things up ime

AJGranny · 02/11/2020 17:19

Did she get a receipt of postage for the completed form? Does her son have a social worker? I think she would need support from a disability rights org and MP. Meanwhile insisting they send her a new form which she needs to complete and return asap. Make sure that she puts on the form that they have lost her previous submission and that she's expecting money to be backdated to original submission date. She MUST photocopy the form and get a certificate of posting.

dewisant2020 · 02/11/2020 17:19

So shocking, if I was your friend I would be shouting from the hill tops what's happened.
MP , CAB, local papers the lot

pinkearedcow · 02/11/2020 17:20

MP for sure, it will help.

It is a horrible system, your poor friend and her son.

PerkingFaintly · 02/11/2020 17:30

Oh dear lord.

Yes, second what previous posters say about MP.

I never drop the tempting pre-paid envelope in a nearby postbox, but make a £20 taxi trip to a post office and pay more money again to send it Signed For, even though the exertion may put me in bed for the day.

She absolutely shouldn't have to go to so much trouble, but unfortunately expecting the DWP to be the most utter bastards in every imaginable way is a reasonable bet.

Underactivethyroidmum · 02/11/2020 17:41

Contact Fightback4justice in Bury. They are a not for profit organisation who will be able to give advice for free

Orangeblossom7777 · 02/11/2020 17:44

They are a nightmare for this kind of thing. Any excuse to stop it. Those fightback places take a percentage of the claim - take care

MP might help they did with me in the past for PIP.

PerkingFaintly · 02/11/2020 17:49

Yy to photocopying absolutely everything before sending as well.

2bazookas · 02/11/2020 17:55

Did she photocopy her application forms?

She should contact her local MP right away (written letter) and copy it to anyone else involved with son (GP, school/daycentre, social worker.)

 MP's can be immensely useful . Sometimes.
earlydoors42 · 02/11/2020 18:21

Just another one saying MP. And resend the form or information contained in it, along with photocopies of any useful letters she can find, to be used for the Mandatory Reconsideration. Also request them to look at DLA evidence in this MR. And in future send everything recorded delivery AND ring up to confirm receipt as they are rubbish for "losing" things. Sorry it happened.

UnspeakableBode · 02/11/2020 18:30

Mandatory reconsideration for cases like this are generally accepted but she will need to fill in another form for PiP. Best advice I can give is that she gets help to do this, its all about points and there are professionals who know how to get these. CAB can help, also where I am (Scotland) there are places that give money advice who can help. If they rent through a LA or housing association they might also have welfare advisers who can help. Its also really good to have supporting evidence so ask doctor or anyone involved with the child to write a letter outlining the difficulties and limitations the child faces. In the meantime tell her to contact the child's social worker or the duty team if there is none allocated as they can help with food bank referrals/destitution payments.

HardAsSnails · 02/11/2020 18:34

Hi OP, your friend needs to contact her local CAB/welfare rights org to help her with this.

For anyone reading who's worried about this, a few points:

You get the invitation to apply for PIP around 6 months before your child's DLA award is due to expire (so when they are at least 15 years 6 months old).

You then need to complete a form and have an assessment to be your child's appointee for the DWP. This bit is very straightforward.

Once you are an appointee you can speak for your child for all benefit matters, this includes answering for your child in a face to face assessment.

You call PIP, they take some details and then you get sent a form with a deadline to return it. Assuming you don't kiss the deadline, your child's DLA will continue until the PIP decision is made.

Use online advice guides or CAB etc to help you do the forms.

Make a copy of the form you send and any extra reports, then post it special delivery so you have proof and less chance of it being lost. Make an index of what you've sent and cross reference evidence to the questions on the form (make it as easy as possible for the assessor to do their assessment!).

Then the assessment (which can be face to face but obviously that's not possible right now).

Then the decision which includes what you can do if you are not happy with the award.

It is vital to not miss the deadlines.

Boulshired · 02/11/2020 18:59

If the car is motability they are normally very good at allowing the car to remain for a short period of time as unfortunately this is not unusual.

ConcernedAboutMyFriend · 02/11/2020 22:01

Thank you everyone! I have had a quick read and will read again, speak to my friend when possible and reply. Flowers

OP posts:
safariboot · 02/11/2020 22:06

The "mandatory reconsideration" and the appeal need to be considered part of the application process now. And yes, you get the income pulled away from you until that is finished.

This is what the country voted for.

Halliehallie9828 · 02/11/2020 22:10

Didn’t your friend send the form recorded delivery?

Viviennemary · 02/11/2020 22:14

I agree her next step is to contact her MP. This is absolutely wrong.

ConcernedAboutMyFriend · 02/11/2020 22:16

What gets to me, really gets to me, is that the DWP have done this in the full knowledge that this innocent severely disabled child is very clearly entitled to PIP/DLA. They have a severe and lifelong range of disabilities and will always need round the clock care. This will have been crystal clear from the existing DLA paperwork they already had.

OP posts:
HardAsSnails · 02/11/2020 22:20

@ConcernedAboutMyFriend

What gets to me, really gets to me, is that the DWP have done this in the full knowledge that this innocent severely disabled child is very clearly entitled to PIP/DLA. They have a severe and lifelong range of disabilities and will always need round the clock care. This will have been crystal clear from the existing DLA paperwork they already had.
It's completely different departments, paperwork and assessment criteria. I don't believe they see the DLA info as they only assess on what they receive with the application.

It is a crap system for kids and adults with lifelong disabilities Sad

Babyroobs · 02/11/2020 22:25

Did you send all the medical evidence with the PIP form? Get help with the MR. PIP is a different benefit with different criteria but if the child is severely disabled then they should still qualify. Has your friend seen the assessors report ? What were the reasons for refusing the PIP?

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