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Changes in both Incapacity Benefit and Disability Living Allowance
were announced in July 2001 by the Secretary of State for Social
Security, Alistair Darling. Both will affect renal patients currently
in receipt of these benefits and future claimants.
In respect of Incapacity Benefit, claimants will be subject
to a three-yearly review as a maximum to ensure that they are still
eligible to claim the benefit. This will mean that awards will be
made for fixed periods and people will be required to re-apply after
the allocated period.
This change is directly in response to benefit fraud and to help
meet the Government's aim of achieving full employment.
Final details of these proposals are yet to be announced but the
implications for renal patients are that if you claim Incapacity
Benefit you will have to re-apply at least every three years.
As regards Disability Living Allowance the Government is undertaking
Welfare Reform with the aim of a: "simpler, clearer, and fairer
system of determining entitlement to disability benefits."
A Social Security Select Committee has recommended to the Government
that they should consider using a functional assessment (ie, what
you can or cannot physically do) similar to that used for Incapacity
Benefit. A Disability Living Allowance working party is currently
looking at alternative assessments for DLA and Attendance Allowance.
Along with this, the Department of Social Security Medical Policy
Group is developing a point-scoring system and has used this on
test cases. A further test will take place on "live" cases
later this year.
The points system is based on the "activities of managing
life" (AML). The current AML allocates scores within several
functional categories including:
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feeding
and drinking; |
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dressing
and undressing; |
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washing
and bathing; |
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toileting; |
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getting
in and out of and turning in bed; |
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rising
and sitting; |
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fits
and supervision; |
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awareness
of danger/antisocial behaviour; |
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taking
medication/complying with therapy; |
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reliance
on machines or equipment; and |
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communication. |
This has good and bad points for the renal patient.
If the category for reliance on machines/equipment covers dialysis
in all its forms, claims may be more successful. But, on the negative
side, the categories are designed to be more computer friendly and
judgements may become less individual and more crude.
It is hard to see how a number-crunching system can provide anything
other than a less-responsive approach to individual circumstances.
Simpler perhaps, and clearer to those who understand the rules,
but fairness is not easily measured by numbers alone and of the
Government's stated aims this is deemed the most important.
Another major implication for Disability Living Allowance claimants
is that GPs will no longer be asked to sign the form in Part One
of the DLA/AA form. From early 2002, factual reports from the GP
will only be requested as a last resort and will be based only on
clinical facts rather than subjective information like: "How
far can Mr Z walk without severe discomfort?"
This is a very positive step for renal patients who rarely see
their GP, as they often know their consultant better.
Time after time, GPs and hospital generalists have said that they
have no idea how far a patient can walk because they only see them
walk into their clinic and out of the door. Yet, in the many cases
I have dealt with at appeal and tribunal, the GP's word has been
taken as correct although this may conflict with what the claimant
and other professionals are saying about their abilities. As a result,
patients are often disappointed with how their doctor sees their
condition and this can cause friction in the doctor/patient relationship.
Advice can be sought on claiming Incapacity Benefit, Disability
Living Allowance and Attendance Allowance from the Benefits Agency
and support can be given by Welfare Rights Departments or Renal
Social workers (if available).
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