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DLA and work supporting mental stability
My client suffers with severe depression and debilitating mental health problems that largely present when coping mechanisms break down. He has worked for the last 6 years as a part time mental health support worker with MIND, first as a volunteer and then progressed into a paid position through therapeutic work. He recently lost the disability of WTC which has exacerbated his depression as he doesn’t feel that his condition is validated.
I have advised that the challenges of progressing appeal lie in defining need/extent of support need. Client has developed sophisticated coping mechanisms and routine that enable him to function for the most part without ‘other’ support. Client acknowledges this but states that it is the support and routine of work that facilitate mental stability. Last bad spell was over Christmas where there was a rapid decline and suicidal thoughts. Triggers are also around debt worries, whist part time work contributes to mental stability he is anxious that debt will force him back into welfare support and thus further mental health decline.
I would welcome thoughts on the above particularly if you have had success with any case law that supports positive interventions (work/support) in facilitating mental stability. Incidentally evidence received from client’s GP is factual in terms of medical diagnoses and recent consultations but not terribly useful in evidencing fluctuations, impaired judgement self neglect, history of self harm etc.
Any help/advice greatly appreciated!
I’m actually leaving the office soon but….why has he lost the disability element of WTC?
He started working at MIND having been a service user for many years whilst in recepit of IB. Mental Health improved as a result of work/support and he no longer receives qualifying benefit.
I don’t quite follow the reason for losing the disability element. Once a person meets the qualifying benefit criteria on an INITIAL CLAIM, and they continue to satisfy both the disability disavantage and working minimum of 16 hours rules, they generally carry on receiving the disability element in subsequent claims under WTC Regs reg 9(8) - Case G: immediate previous entitlement to the disability element, under Cases A, B, E or F.
Your client appears to have qualified for the disability element via IB (Case A).
If you can show the following;
Has the claimant a serious disability?
If so, what bodily functions does it impair?
Does s/he reasonably require attention in connection with those functions?
Is that attention frequent?”
Then your client should qualify for DLA.
The DWP Decision Makers’ Guide states ( para 61103)
http://www.dwp.gov.uk/publications/specialist-guides/decision-makers-guide/
-; “Attention will generally be given by physical contact. It may also be given by means of the spoken word only where there is physical presence. Examples of attention by means of the spoken word include -
encouraging a person with a mental disability to eat, wash, dress or get out of bed where he would not otherwise do so
This list is not exhaustive.”
I agree with Ruth - that’s why i was asking why it had stopped - HMRC have stopped a lot of disability elements in error - we have had to fight to have them put back in payment for a number of clients.