i have a client with mental health difficulties who has always worked
except when having periods of illnesss. the work is straightforward and not stressful.he was awarded dla at mrc and lrm some years ago and has since had renewals until it was given indefinately a couple of years ago.he has little insight into his illness and needs encouraging to take meds and reassurance and reminding to take care of himself.he has a partner who assists him and he needs supervision which he can also get at work.i know that you can claim dla and work but apparently his partner has been told that work is classed as a change of circumstance.my point is that as he's always worked,how can this be a change?also he was told that he could definately claim dla and work and had help from a community link worker with completing the form and he gave details of how his illness affected him and what his needs were-he didn't mention work because he didn't need to(he thought)and also because the he needed supervision throughout the day irrespective of where he was.i think the concerns are that there could be problems with this and he doesn't want to "wait for dwp to find out".how should i play this?and is he ok with dla and working?i feel his illness and needs are still the same.

Lucy

The short answer is that there is no restriction on claiming DLA and working at the same time. The slightly longer answer is that work is relavent but only in the sense that it can be evidence iro a claimant's care, supervision and mobility requirements. E.g. if a claimant states they are unable to walk more than 10 yards but is employed as a postman/woman then very clearly their evidence lacks some credibility!

Your client's work is only relavent if it pertinent to the question of DLA entitlement under the normal condidtions of entitlement. This is not a change in circs as you quite rightly said and there is no question relating to work on the DLA claim pack, therefore arguably there is no duty to disclose. However I say this with some reservation because if hte work came to light and it was used as evidence iro entitlement it could be used against him to revise the earlier dicision on the basis of "ignorance of a material fact".

fyi dicision = decision!

thanks - i know it's never straightforward!!i think he's worrying about fraud but as you say i think it's only relevant if it came to light in a review and the worse that could happen would be a reduction or cessation of the award.

If its any reasuurance, David Blunket would probably be entitled to Low Rate Mobility and Low or Middle Care!

Now that's interesting, what are the implications of the Secretary of State making a decision on his own entitlement to benefits? Any conflict of interest issues?
Has anyone advised him that he may make a claim to DLA?

yes but to say he works is debateable !!i've pacified my client for now but i expect more problems with this at some stage. for my own information, am i right in thinking the worse case scenario if the dla reviewed a claimant who was working would be a reduction/cessation of the award and a possible demand for overpayment but not fraud ?

Can't really give a black and white answer to that one and it would always be unwise to give clients such reasurances! There is no inherent fraud in recieving DLA and working so in that sense you are correct.

If however the work came to light and it led to a further investigation which showed that client has misrepresented their circumstances in respect of the normal eligability requirements then technically yes this could be fraud although I would have to say that in my experience prosecutions for exagerating disabilities on a DLA form are not pursued in practice...just far too difficult and subjective! I'm sure there may be memebers of the forum with different experience.

The bottom line is that if your client has given an honest description of his conditions to DLA then I really would not think that fraud, or an overpayment is going to be an issue because working/not working is not directly relavent to the assessment of DLA. If he has been dishonest about his disabilities and the work he does is going to be evidence of this then he has something to worry about.

Many thanks - no, my client is quite safe on that and has not exaggerated his needs and problems.He can only work due to the support he has in the workplace and a strong network helping him at home.Thanks again,take care.