This week the topic is about the new drive by the DSS to remove people from Disability Living Allowance (DLA).

The initial idea is to stop fraud of DLA, but inevitably it will result in genuine people being removed from the benefit or being paid a reduced rate. There are some exemptions and these will be listed below.

WHAT IS IT ALL ABOUT?

The DSS are currently reviewing awards of DLA which have been made for life. This is called the Integrity Project and was part of the previous government's drive to reduce the social security budget. The project began in May 1997 and is expected to last 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 recipients 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 should be OK.

WHO IS EXEMPT FROM THE TEST?

There are a number of exemptions from this intrusion:

children; people who have had a review in the past year; people in hospital; amputees; people who are both deaf and blind; severely mentally impaired people, and quadriplegics. 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.

MUST I FILL IN FORM DLA 250 IF I RECEIVE ONE?

The simple answer is YES. 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 case will be put before an adjudication officer to be reviewed. 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. Your award is at risk. If you are not exempt you WILL hear soon - I have, in fact, recently dealt with a pensioner in her 80s, so do NOT be surprised if they contact you.

GETTING ADVICE

There are a number of advice agencies which can help. Many offer free advice so make enquiries first to establish that they know how to deal with the form. Some organisations make a charge, but remember that you only get what you pay for, so ensure

HOW TO APPEAL

If you wish to appeal, you must fill in the form NI 246, which can be obtained from your local DSS or Job Centre. If you do not use the correct form the Tribunal Chairman has discretion to accept a written appeal, provided all the required details are included in the letter. Many people fall foul due to not providing full details. The letter must contain the date of decision appealed against and the claim or question under appeal and a summary of your arguments of why the decision is wrong. At this stage, if you provide detailed information, the DSS may choose to change their decision.

APPEAL PREPARATION

If you have a representative, and it is important that you do at this stage, he will take details from you in order to assist him to prepare a submission for the tribunal. You should continue to submit sick notes from your GP as they are not bound by the DSS opinion and are free to come to their own conclusion. It goes without saying that if your GP does not support your appeal, then it is an uphill battle, although not always an impossible one. Sick notes do not necessary have to be sent in while you are awaiting an appeal. If you have another condition which was not on your previous sick notes, then ask your doctor to put that on the new sick notes. You may continue to receive ICB. Also check to see if you come under one of the exempt categories and obtain medical evidence in support of your appeal. This, I feel, is very important if the decision is to be overturned.

POINTS POSER

If you are able to pass the all work test then you must score at least 15 points. If for example you get 14 you are removed from ICB. Your representative may not need to go through all the descriptors, only the ones in dispute.

JIM STRANG COMMENTS

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 and 4pm, Monday to Friday. Apologies to reader swho tried t contact

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

Converted for the new archive on 13 March 2001. Some images and formatting may have been lost in the conversion.