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Posted by Craig Mathieson (U14695966) on Saturday, 20th November 2010
My 3 year old son is currently in hospital, but still requires our care and support. At present my wife and I take it in turns to provide at least 84 hours of direct care per week in hospital. His Doctors, Nurses, Specialists and Surgeon all maintain that we are providing at lease 90% of his medical and personal care and that they would be unable to care for him were it not for the care that we provide. In fact they have gone so far as to say that he would not have survived were it not for our care. He also comes home for three afternoons per week to attand nursery school in support of his developmental and social needs and we have to accompany him at all times since the school has no one qualified to care for him without us.
DLA maintain that the only criteria they are allowed to consider is the number of nights a child has spent in hospital when deciding to suspend entitlement. The specific fact they tell me that they apply is where the child wakes up each morning. The irony of this is that were we to take him home each night (when he needs only 10% of the tasks completed each day) and take him back to hospital, leaving the nurses to carry out the 90% of tasks unaided in any way, then his entitlement would remain unaffected. However, thay have continued to request information from the hospital about our son's needs and the care we provide in hospital after the date they had already decided to suspend his entitlement.
I am in the process of appealing this decision, so I was wondering if anyone has any information relating to previous appeals decisions or Commissioner's decisions that are applicable. I'm told there is a direct precedent where the facts almost exactly match ours where they ruled that DLA had acted incorrectly in suspending entitlement in light of the on-going care needs and the extent they were continuing to be met by the parents in the hospital setting.
You will have my gratitude for any advice or information you are able to offer.
There is already a campaign in relation to this: Stop The DLA Takeaway [www.cafamily.org.uk/... so if you too have been affected or agree, I urge you to show your support.
Posted by Sofie2 (U14259204) on Tuesday, 23rd November 2010
The irony of this is that were we to take him home each night (when he needs only 10% of the tasks completed each day)
I think if your son comes home for some of the day or night, you're entitled to some of his DLA. Do you still have the information from your sons' claim pack about this?
Posted by Tinbasher (U14259234) on Tuesday, 30th November 2010
You are free to appeal but the tribunal has no power to ignore or change the law and I believe the rules are quite specific about stays in Hospital or residential care. The comissioners descision you mention may have been about how the DWP added up the days spent in hospital.
Basically the law says the govt should not pay twice for care ie you and the hospital .
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