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.
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