THIS popular weekly column deals with welfare rights issues of interest to people living in Wirral.

This week the topic is once again about the care component of disability living allowance (DLA). This week's article is the final one concerning DLA - however, this is not a comprehensive guide, merely a means to make you aware of the rules and regulations. This week I'll talk specifically about supervision and falls. Once again there is an added criterion that has to be satisfied for children to qualify.

CARE AGE CONDITIONS

DLA care consists of three components. A claim can be made from birth to the day before your 65th birthday. Payments can be awarded from three months. The care component can be awarded for life. To claim the low rate care component under the cooking test you must be at least 16 years old. There are extra tests for children up to the age of 16. If a child is terminally ill there is no three-month qualification.

HOW DO I CLAIM?

First you need to get a claim pack from the DSS. When you get this it will certainly be in your interests to get advice as to whether you will qualify and also it is important now to obtain assistance to complete this form.

CHILDREN'S CRITERION

As stated, there is an extra criterion for children to get benefit. It is more or less straightforward, but many tribunals adopt it far too rigorously and in many cases go over the top. A child must show that either:-

(1) their needs are substantially in excess of normal requirements of persons of the same age; OR

(2) they have substantial care, supervision or watching over needs which younger persons in normal physical or mental health may also have but which persons of their age and in normal physical or mental health would not have.

SUPERVISION & FALLS

The risk of falls is considered the same in rank for care needs as one of the main general indicators for the entitlement of the care component as incontinence. It used to be the attitude that if you were mentally alert and sensible, that you could supervise yourself and so avoid the risk of falling without help from another person. There has been up-to-date case law which wipes out that approach. When making his decision, the adjudication officer (AO) MUST consider all the evidence and properly evaluate the risk of falling.

The AO must not simply state that you are sensible: a clear explanation has to be given. Any precautions must be identified or any activities you should not do in order to avoid the risk of falls or harm without the help of someone else. There is a fine line between supervision and attention, so they can all be considered and the case should rest on the facts, not necessarily the opinion of the adjudication officers.

NEXT WEEK

Next week's article deals with Invalid Care Allowance, which is very often linked to DLA. It is important to make a claim at the same time as applying for DLA, particularly if the award could include at least the middle rate care component.

If you need to know more about this or any other welfare rights problem, you can write to Jim Strang at Unit 7, 36 Beechwood Drive, Beechwood Estate, Birkenhead, enclosing an SAE, without which you will not get a reply.

If you wish him to act on your behalf, call 606-1188, 10am-4pm, Mon-Fri.

Jim Strang now holds a weekly surgery at Property Link Management, 68 Grange Road West, Birkenhead, from 2pm until 5pm.

Interviews are by appointment only. Ring 652-7885 to arrange to see him.

Readers are advised that Jim Strang represents people on a 'no win, no fee' basis. Details available from him.

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