How might it effect me?

If the review shows that you still qualify for the award, then the DCS will not change your benefits. 

However, if this is not the case, the DCS will make enquiries to find out what, if any, entitlement you have under normal rules. In the normal rules the care component is paid at three different rates and the rate you qualifiy for will depend on the level of your care needs.

The DCS will not seek to reclaim any money from you if you're not eligible for the higher rates, but they may change what you're paid from the time of the review.

If your DLA is reduced it might affect your Income Support or your Working Tax Credits. If you have a freedom pass, a motability car, a blue badge, or a discount or exemption from Congestion Charge you might lose these as well.

What happens if my benefit changes?

If the review decides to change your benefits then the first step you can take is to ask for a revision:-

Revision

If your benefit is changed and you do not agree with the decision, you can ask for the DCS to look at your claim again. If you have further evidence at this stage you can send this in for them to look at as well. A different person will look at your claim and they will let you know the outcome. 

If their decision is the same as before your next step is to ask for an appeal. You should ask the DCS to send you a copy of the full written reasons for their decision and a copy of all the evidence they looked at. This will help you or your adviser in making the appeal.

Appeal

The people who examine your appeal are the Social Security and Appeals Tribunal. They are an independent body and the hearing is informal. You'll have the option of a paper hearing or an oral hearing. 

A paper hearing is one where you're not present and the relevant paper work is looked at by the panel. The oral hearing takes the form of an interview where the panel asks you questions - we'd advise you to take this option.

It's worth bearing in mind that the panel will look at your whole award, not just the part your appealing against, so you could end up coming out of the appeal with less benefits than when you went in.

We can advise and support you through the revision and appeal process - just get in touch with THT Direct.

Time limits

Please make sure that you ask for a revision or an appeal within one month of the date of the decision (which is the date on the letter). If you're unable to get advice within that period and you are unsure what to do, please call the DCS and ask for an extension.

Back to work schemes

If you lose benefits it might be that you'll decide to try to return to work. If you do, it’s a good idea to first discuss how it might affect your health with your consultant. You can also get help and support in getting back into the workplace from your Jobcentre under the New Deal for Disabled People.

You should get advice about how work will affect your other benefits before you start and you can call THT Direct about this or to get general support about any concerns you may have about working with HIV.

Managing changes

We understand that this review can be a time of change for you - and might put you in places where you haven't been for a long time. We're here to support you through those changes - whether it being finding you financial assistance, helping you back into the workplace, or putting you in touch with a counsellor where you can explore how to cope.

If you feel you need help get in touch with THT Direct.