DLA and working

[ITSMYMONEYLEAVEITALONE!]

can anyone tell me are there restrictions on working and earning while getting DLA i get lower rate care component

thanks

x

[Joa]

Nope although questions may be asked if the type of work performed contradicts the claim made, for example a person suffering from epilepsy who works as a HGV driver. So common sense.

But there is no restriction on income; DLA is not means tested.

[ITSMYMONEYLEAVEITALONE!]

thanks for replying i couldnt get any sense out of dwp website but i dont suppose they tell you these things for a reason:) .getting a bit bogged down with the whole system at the mo cant get much help from dwp so trying to work it out ourselves:confused:

thanks again

x

[Joa]

Do not be hard on yourself- disability benefits rules can be tough even for welfare advisers themselves.

[cjw064]

Do not be hard on yourself- disability benefits rules can be tough even for welfare advisers themselves.

 

Hi,

you need to be very careful here, as yes its correct in what people say about DLA being an 'inwork' benefit (you can work whilst claiming). You are required now under DWP terms to advise DLA of any start of employment, DLA will then send you a form to complete and return. A decision as to your entitlement will be taken from there. If you are found to be working and not advised DLA of your doing so..... well need I say anymore.

 

Best wishes,

 

Chris

Edited June 3, 2011 by 42man

[Nystagmite]

Since when, Chris? I have never told DWP I'm working / volunteering - because it's actually irrelevant to my care and /or mobility needs.

[leemack]

Unfortunately, they consider working a change of circumstances - if you were already working when you made the claim then that's fine, but if you start working then they expect to be notified.

[Nystagmite]

Even if it doesn't contradict what I've wrote on my forms?

[leemack]

Even if it doesn't contradict what I've wrote on my forms?

 

 

Yes, unfortunately. And even though on the form many people don't say if they're working or not. It doesn't mean they stop the benefit, but they do want to do a quick check against your form.

 

It also protects you. I've had a couple of cases where the client's health has improved indicating a lower award is justified and on a subsequent review form they mention the work. In both the cases the DWP on investigating made the assumption that the improvement conincided with the start date of the work causing substantial overpayments, when in fact the work had nothing to do with it. Had they told the DWP about the work at the time, this wouldn't have happened. Both were corrected at tribunal, but it was a long stressful process.

[Life-Goes-On]

I'm not understanding why going to work would be a change of circumstances if nothing medically has changed.

If you have improved so are now able to work, you need to tell them, but it's the improvement that would be the issue.

[leemack]

The DWP consider work to be a change of circumstances that may indicate a change in health, and as such its notifiable.

[Life-Goes-On]

The DWP consider work to be a change of circumstances that may indicate a change in health, and as such its notifiable.

 

Then the DWP needs to update the info they give as they only talk about the need to report it if care/ mobility change.

http://www.direct.gov.uk/en/DisabledPeople/Employmentsupport/LookingForWork/DG_4000377

[Nystagmite]

I'm not understanding why going to work would be a change of circumstances if nothing medically has changed.

If you have improved so are now able to work, you need to tell them, but it's the improvement that would be the issue.

 

This is what I don't get. I'm doing a work placement and receive DLA. My care and mobility needs haven't changed.

[Life-Goes-On]

I've not read any info from DWP that starting work is a COC.

In the link from the DWP reads

"Disability Living Allowance and are about to start or return to work, your Disability Living Allowance will remain the same as long as your care and/or your mobility needs have not changed"

 

How would anyone reading that think you need to tell the DWP? it reads more like there is no need to tell them as long as as there is no change in needs.

[Nystagmite]

That was my understanding too.

[leemack]

Hey guys, I don't make DWP procedure, I'm just telling you what happens in practice. And, yes, DLA is based on care and mobility, but that doesn't mean that the DWP don't look at other factors, like work, when deciding how much care you need or what your mobility is like. I've dealt with a number of cases that have revolved around work that hadn't been notified. The guidance sent out on award used to give the example that starting work was a notifiable change of circumstances. But yes, even if you do or don't notify, the final decision on your award is based on mobility and care regardless of the work.

 

What they look at is whether the work that you're doing indicates a change to how you're coping with condition. For instance, someone with middle rate care who then goes to work will have a real fight on their hands proving that they are still needing frequent help throughout the day. Of course if they have a carer, or arrangements in place for that care to be provided at work, then there wouldn't be a problem. Another example is if someone goes to work in a supermarket who gets high rate mob - that will raise red flags, even though adaptations may have been made to enable the person to work there with their disability.

 

To elaborate on an example I gave earlier. A client had been awarded DLA, high rate mob, middle rate care, and two years later started work in an office, part time 3 days a week. Her care needs and mobility needs had not changed since award, she was having assistance at work with care needs, so she didn't notify the DWP. A few years after that her condition had improved, she only really qualified for low rate care, so notified the DWP and was reviewed. In the review she mentioned work. The DwP contacted her to ask when her work had started. She then received notification that her DLA had been stopped and an overpayment found back to when she started work - the DwP stated that starting work was a relevant change of circumstances and given her improving condition, indicated that improvement was probably earlier than she had notified, and coincided with the start date of the work. She received another letter notifying a substantial overpayment. The decision was appealed and went to tribunal, evidence was given from the employer, doctors etc and the tribunal was eventually won. Had she notified the work at the time of starting, indicating the adaptations and care she was having at work, then a long and stressful appeal process, and decrease in income (working tax credit, DLA) could have been prevented. Though the final decision did come down to care and mobility, the DWP will often make assumptions not in the claimants favour - in this its similar to assumptions made by atos - doesn't mean the assumption is right, but doesn't stop them from making it.

 

Yes, work should have nothing to do with it. Decisions should be solely based on care and mobility needs. However, what a decision maker will consider to be relevant to a ongoing award is an entirely different matter to what 'should' happen. The process of administrating benefits is too oftentimes far removed from the actual legislation, with added little unwritten side rules which leades a person into an IUC being asked 'don't you thing that starting work is a change of circumstances that might indicate a change in your condition, and as such should have been declared?'.

 

As a caseworker, I spent quite a bit of time warning clients of unwritten pitfalls that can be fallen into when claiming benefits. They exist in every benefit, and you only know about them by dealing with lots of claimants who 'fell in'.

[Nystagmite]

Would you even have to tell them if your job doesn't change your care and /or mobility needs? I did some work over Christmas with Royal Mail involving data entry. I still needed help with reading, still couldn't cook a meal safely and still needed supervision outside.

[leemack]

Would you even have to tell them if your job doesn't change your care and /or mobility needs? I did some work over Christmas with Royal Mail involving data entry. I still needed help with reading, still couldn't cook a meal safely and still needed supervision outside.

 

Its up to you what you tell them, especially if your award letter did not specifically state that work was a change you need to notify.

 

But you can see the assumption that would be made - someone with sight problems doing data entry - even though you may have had adaptations to help you, a decision maker might decide it was an indication of an improved condition. Were it me, I certainly wouldn't imform them so long after the fact - especially if it was temporary work, you may have difficulty proving that adaptations were made for you.

 

Were it me, and my award letter was non specific about notifying work, and my condition had not changed, I would phone the DLA helpline to check what their current policy was (and tape the call or make not of time of call, date and name of person I spoke to, and keep the phone bill showing the call). If they still said that there was no need to notify, I would just make very sure that I had, in writing, a statement signed by my boss, giving full details of adaptations that had been made for my disability and help that I had needed. I would do this in order to protect myself from any future 'assumptions' about my condition and needs at the time. If told I did need to notify, I would do the same thing and then send it with a covering letter to the DWP for any future work. Doing it retrospectively is asking for your benefit to be stopped, if you can't prove your case.

[newbuck]

Hi Forum,

after finding your forum and reading all post's, i write this with interest..

after suffering with osteo-arthritis of knees and feet and finally finishing my full employment after 30 yrs service ,i finished with severe degenerative issues with my knees ,however this has now progreseed to my feet joints over the recent years ...in 2008 i also suffered sight loss L/eye with a crvo vein occlusion. but still allowed to drive ..i have worked all my life ,i actually finished full employment in 2006..

my main topic is the working issue ,as i have been granted The dla award in 2009.i work part time driving for a local shop ,and i do 3 days p/wk =20hours.i completed the claim online and can not remember any topic regarding me to mention of my work prior to my claim? i have just been re-awarded the allowance and are now concerned to mention myself working ,there are no change in health issues and the job suits my condition as also the part time working, basically i want to work and work helps me ..looking forward to your sincere replies ..thankyou newbuck