Does anybody have any advice or CDs on DLA care on the basis of extreme tiredness arising from the combined effects of cancer and chemotherapy please? Client can manage all the bodily functions unaided but has to do them slowly, with interruptions in some cases, and has to rest in between them. He has little energy left for anything else except essential daily living activities. The only info I can find relates to reasonable regularity for the PCA descriptors. Any ideas please?

Brian

I dont have anything specific to cancer and chemotherapy, but here is an extract form a submission I did for an attendance allowance appeal that may help you

". It was confirmed in R(A)3/78 and R(A)3/86 that attention required for an attendance allowance must be reasonably required, but need not be medically required. Furthermore in Secretary of State for Social Security v Fairey (aka Holliday) and Cockburn v Chief Adjudication Officer and Anor (reported as R(A)2/98) it was confirmed that the help required would be the kind of help that would enable the person with a disability to lead a more normal life. The time taken for a person with a disability to perform a task, even though the task can be completed safely is a factor to be taken into account in deciding if help from another person is reasonably required (CDLA2481/1995)"

We won the appeal

Do you have a copy of CDLA/2481/1995 that you could e-mail please?

Thanks

Hi

I work at the Oncology Health Centre in Hull a few times each month and try to advise people having CT to enter a claim as a matter of course. The success rate varies and unfortunately I don't have any supporting case law so the appeal success rate varies as well. I find that the other hurdle can sometimes be the qualifying periods given that CT seems to usually last about 6 months or so (although the effects often continue past the end of the treatment).

Generally, I go for low rate care on the basis that the effects of the CT make it difficult or impossible for the person to cook most of the time. On the plus side, it can be easier to get medical evidence as, here at least, people being treated for cancer seem to have a wider range of very helpful medical support.

None of this is very helpful I know, but good luck.

Hi

Again don't know of any caselaw. I will often use the Disability Handbook as reference. Its section (50) on malignant disease details 'Care and Mobility Needs Arising as a Result of Treatment' and basically says someone will have very significant care and mobility needs when on treatment but that the effects will vary with the frequency of treatment. I don't want to type it all out so email me your fax number if you don't have the handbook and think this might be of help.

Never thought to look in the Disability Handbook - found it on the internet. Thanks all for your help.

Brian