How do you end a life award? Not SoS led?

The obvious answer is you die!

More sensibly, I take it that the SofS isn't trying to end an award, but that the claimant's condition has improved, and they no longer feel they qualify. Presumably the easiest way is to write to DLA telling them what's changed and let them supersede if they think it appropriate.

What about avoiding any o/ps?

The customer was expecting to be ill again in a series of remitting/relapsing episodes and the remission appears to be ongoing?

Bearing in mind MS can go 20 years between bouts how long do they wait or is reasonable?

Any experience?

I'd have thought from when the SoS ends awards erroneusly the procedure would be to end the award without any further evidence? Customer can always reapply within two years if gets worse or appeal if they disagree with the ending of the award (this would not be unlikely)

Of course a "life award" isn't really that but it is an "indefinate" award, i.e. it is not subject to an automatic renewal in x years time. Life awards are subject to review/supersession in the same was a fixed term award.

As to your client with MS, there is really no hard and fast rule as to when a remitance in the condition should be reported, the DWP should take a "broad brush" approach in deciding whether a claimant still satisfies the disability conditions. You might want to consider the original application. Was the client awarded DLA on the basis that this was a remitting/relapsing condition with cycles over months/years or was it awarded on the basis of hte facts during a period of relapse? Secondly has there previously been a reasonably consistent cycle? If so, is the current period of remittance much longer than the 'norm'? Might be worth writing to the DWP to find out if copies of hte original application, evidence and decision are still available.

There must be case law on this, if I have any spare time (HA!) I will have a look.

The disability handbook states:

15.2.3 Duration of Need

The average survival of patients from the time of diagnosis is 30 years. The average age at onset is 32 years, and so there is probably a slight reduction in overall life expectancy. However, the course and effects of MS vary widely from one person to another and are unpredictable. Spontaneous remissions of varying length are common particularly in the early years of the disease, and in some instances appear to be life-long. Very rarely, multiple sclerosis takes a very rapid downhill course. However, the most common pattern is of frequently recurring relapses leading to chronic disability, dependency and complications. This process may take 20 years or more. Although the needs may change dramatically in the early years, if after two years there is a persistence or increase in needs, it is unlikely that there will be further improvements.

15.2.4 Further Evidence

A medical report may be helpful where the needs over any period of time are not clear because of the variable nature and progress of the disease.

Might help!

Steven

Cheers for the help.

I found the relevant guidance/info. on rightsnet via the toolkit.

http://www.rightsnet.org.uk/cgi-bin/publisher/search.cgi?dir=swopshop&output_number=1&template=toolkit.html&ID=1448-7103-648#DLA

Chapter 8.9 Customer no longer wants to receive payment-
What to do when a customer no longer wants to receive payment of the DLA/AA they are entitled to receive.

A recent decision by Commissioner Mesher, CDLA/301/2005 considers the grounds for superceding an indefinite award of DLA made by a tribunal (as well as the award of the lower care component after the age of 65).

A summary of CDLA/301/2005 is available in the briefcase area of rightsnet, along with a link to the full decision available on the www.osscsc.gov.uk site.