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Topic: question about disabilty living allowance  (Read 1892 times)

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question about disabilty living allowance
« on: August 07, 2005, 10:33:05 PM »
hi all ,

married Tracey ( american) last july just had our 1st wedding anniversary, over the last 9 months tracey has been very unwell and she has just had a diagnosis of chrons disease which is causing her to have alot of pain and it looks like she will be registered as disabled.

the question im sure you good folk can answer or at least point us in the right direction is this

can either of us claim anything such as disabilty allowance, mobilty car , or can i claim a carers allowance. im working full time and some and run a part time business even so its leaving us genuinely struggling.

i suspect the answer is a big no for tracey. she currently has a FLR, she should have a ILR next august, will she then be entitled to something and if so should we just keep struggling till then then apply.

any advise would be appriciated as its a very scary time for her and we are in genuine need . we just dont want to do anything that would risk her ILR.


« Last Edit: August 07, 2005, 10:35:26 PM by bern1e »


Re: question about disabilty living allowance
« Reply #1 on: August 07, 2005, 10:54:13 PM »
hi all ,

married Tracey ( american) last july just had our 1st wedding anniversary, over the last 9 months tracey has been very unwell and she has just had a diagnosis of chrons disease which is causing her to have alot of pain and it looks like she will be registered as disabled.

the question im sure you good folk can answer or at least point us in the right direction is this

can either of us claim anything such as disabilty allowance, mobilty car , or can i claim a carers allowance. im working full time and some and run a part time business even so its leaving us genuinely struggling.

i suspect the answer is a big no for tracey. she currently has a FLR, she should have a ILR next august, will she then be entitled to something and if so should we just keep struggling till then then apply.

any advise would be appriciated as its a very scary time for her and we are in genuine need . we just dont want to do anything that would risk her ILR.




She needs have ILR to get anything. 

Warning:  she must qualify for Higher Care/Mobility Component in order to have enough benefit for a car.  And the car will be deducted at about £140/month from her DLA. (Lower Care/Mobility is £124/month).  In other words, she will forfeit most of her DLA in order to pay for the car.  You will also be responsible for petrol costs.  DH's aunt has one, but she is unable to walk and now only receives about £50/month in DLA after paying for the car, which my FIL, her registered Carer, uses to get her around. 

She needs to be on ILR for you to claim Carer's Allowance on her, b/c she needs to qualify for Higher Care/Mobility Component in order for anyone to claim Carer's Allowance on her. 

Sorry, but that's the way it works.

DLA is also only rarely conferred for life, so be ready to visit the Citizens Advice Bureau in cases of review, appeals, etc.
« Last Edit: August 07, 2005, 10:55:56 PM by expat_in_scotland »


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Re: question about disabilty living allowance
« Reply #2 on: August 07, 2005, 11:06:51 PM »
married Tracey ( american) last july just had our 1st wedding anniversary, over the last 9 months tracey has been very unwell and she has just had a diagnosis of chrons disease which is causing her to have alot of pain and it looks like she will be registered as disabled.

the question im sure you good folk can answer or at least point us in the right direction is this

can either of us claim anything such as disabilty allowance, mobilty car , or can i claim a carers allowance. im working full time and some and run a part time business even so its leaving us genuinely struggling.


Check here http://www.dwp.gov.uk/lifeevent/benefits/disability_liv_allowance.asp#caniget

We had to check it out because of the child we're fostering,at present the highest rates added together come to almost £103 per week.

Dave
Politics is the art of looking for trouble, finding it whether it exists or not, diagnosing it incorrectly, and applying the wrong remedy.
Ernest Benn


Re: question about disabilty living allowance
« Reply #3 on: August 07, 2005, 11:10:51 PM »

Check here http://www.dwp.gov.uk/lifeevent/benefits/disability_liv_allowance.asp#caniget

We had to check it out because of the child we're fostering,at present the highest rates added together come to almost £103 per week.

Dave

Just keep in mind that FLR prohibts recourse to public funds, so the applicant needs to have Indefinite Leave to Remain in order to receive DLA, which is a public fund.

What do you have to do to qualify for Higher Care/Mobility?  DH gets Lower for severe learning disabilities, but his aunt's GP had to practially part the Red Sea to get Higher Care - she has severe arthritis. 



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Re: question about disabilty living allowance
« Reply #4 on: August 08, 2005, 07:34:28 AM »
What do you have to do to qualify for Higher Care/Mobility?  DH gets Lower for severe learning disabilities, but his aunt's GP had to practially part the Red Sea to get Higher Care - she has severe arthritis. 

Not really sure how anyone qualifies,the lad we have has cerebral palsey,we knew nothing about DLA until Feb of this year (we have had the lad with us since he was taken into care 2 years ago).Problem is,we now find that his mother is still claiming for him and has been all the time we've had him.

Dave
Politics is the art of looking for trouble, finding it whether it exists or not, diagnosing it incorrectly, and applying the wrong remedy.
Ernest Benn


Re: question about disabilty living allowance
« Reply #5 on: August 08, 2005, 07:47:17 AM »
That makes sense.  When it's conferred for life, it's usually in the case of a child with an incurable disease - CP, autism, Down's Syndrome, etc. 

Nice mum!  To be collecting benefit for a child who is not in her custody!   >:( :(


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Re: question about disabilty living allowance
« Reply #6 on: August 08, 2005, 10:38:12 AM »
hi all ,

married Tracey ( american) last july just had our 1st wedding anniversary, over the last 9 months tracey has been very unwell and she has just had a diagnosis of chrons disease which is causing her to have alot of pain and it looks like she will be registered as disabled.

the question im sure you good folk can answer or at least point us in the right direction is this

can either of us claim anything such as disabilty allowance, mobilty car , or can i claim a carers allowance. im working full time and some and run a part time business even so its leaving us genuinely struggling.

i suspect the answer is a big no for tracey. she currently has a FLR, she should have a ILR next august, will she then be entitled to something and if so should we just keep struggling till then then apply.

any advise would be appriciated as its a very scary time for her and we are in genuine need . we just dont want to do anything that would risk her ILR.




If she has ever worked and paid into the US Social Security system, you should contact the Federal Benefits Unit at the US Embassy (I would phone them rather than try to go in person).  She may be able to apply for US Social Security disability benefits.  I'd advise you to at least ask them if she is eligible.

Hope this helps, and good luck no matter what!


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Re: question about disabilty living allowance
« Reply #7 on: August 08, 2005, 11:06:29 AM »
Nice mum!  To be collecting benefit for a child who is not in her custody

Yes lovely lady,been abusing him on and off since he was 2,we had him when he was 13,11 years making up excuses about his bruises.The last one was so severe the police got involved and she couldn't explain it away.At least he's happy now.

Dave
Politics is the art of looking for trouble, finding it whether it exists or not, diagnosing it incorrectly, and applying the wrong remedy.
Ernest Benn


Re: question about disabilty living allowance
« Reply #8 on: August 08, 2005, 12:01:31 PM »
Nice mum!  To be collecting benefit for a child who is not in her custody

Yes lovely lady,been abusing him on and off since he was 2,we had him when he was 13,11 years making up excuses about his bruises.The last one was so severe the police got involved and she couldn't explain it away.At least he's happy now.

Dave

Is she being pursued for benefit fraud?  B/c she deserves to be in jail.  Witch.


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Re: question about disabilty living allowance
« Reply #9 on: August 08, 2005, 01:56:07 PM »
Is she being pursued for benefit fraud?  B/c she deserves to be in jail.  Witch.

She will be,complicated story,but it only came to light last week.Seems she's also been claiming child benefit and (I find this hard to comprehend)free school dinners?.

Dave
Politics is the art of looking for trouble, finding it whether it exists or not, diagnosing it incorrectly, and applying the wrong remedy.
Ernest Benn


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Re: question about disabilty living allowance
« Reply #10 on: August 08, 2005, 02:15:46 PM »
Is she being pursued for benefit fraud?  B/c she deserves to be in jail.  Witch.

She will be,complicated story,but it only came to light last week.Seems she's also been claiming child benefit and (I find this hard to comprehend)free school dinners?.

Dave

Goodness, she seems to be running a scam.  That is terrible!!  Very nice of you look after the little boy....



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