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Disability living allowance advisory board (DLAAB) DLA and AA “special rules” recommendations

A disability living allowance advisory board (DLAAB) report of a study of DLA and AA “special rules” commissioned by Maria Eagle recommended that all new “special rules” awards, (cases where someone is suffering from a progressive disease where death can be expected within 6 months) of DLA/AA should be for a fixed period of 3 years.

The recommendations were as follows:

• A fixed period of 3 years for the highest rate of the care component of DLA or AA will normally be appropriate.
• A DLA mobility component award made at the same time as a “special rules” award should also normally be for the same fixed period of 3 years.
• Awards for different fixed periods may sometimes be more appropriate because the award of both components must end at the same time, e.g. where a customer already has a fixed period award for the mobility component.
• An indefinite DLA mobility component award already in place when a “special rules” 3 year fixed period award is made, should stand.
• Claiming under “special rules” will be improved from July when evidence of "terminal illness" submitted by or on behalf of the customer will turn a normal claim into one made under the “special rules”.
• From the next version of the DLA and AA claim forms, the “special rules” box will include a definition of what “special rules” means, i.e. “ The Special Rules are for people who have a progressive disease and are not reasonably expected to live for more than another 6 months”.
• The facility will continue for a claim to be made on the customer’s behalf by a third party.

The requirement for a doctor to complete a DS1500 report in special rules cases will continue. These changes to the special rules do not require a change in the law.

The DLAAB has now published a summary of the report on their website.

More information

• disability living allowance advisory board - special rules study - link to report

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