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Clare, Solicitor
Category: UK Tax
Satisfied Customers: 34272
Experience:  25 years exeperience as a high street solcitor
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my husband was awarded dla for life in 1994, his health has

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my husband was awarded dla for life in 1994, his health has deteriorated quite a lot since he was awarded dla motability top rate and dla care allowance lower rate it was raised to middle rate and then to higher rate, he was asked over 12 weeks ago to fill in a form as they hadn't checked on him for a long while, app 8 years ago, in that time he has developed a serious life threatening heart problem, obviously we are very worried that his benefit will either be lowered or stopped and we are also angry that after 12 weeks we haven't heard anything and his doctor, specialist and social worker have not been contacted for any info, but what we would like to know is can they legally stop any of his benefit as it was awarded for life and we were also told 8 years ago he wouldn't be called again as it was obvious his condition would not improve due to the nature of his illness after a medical was cancelled after they received an in depth doctors report C Read (mrs)
Thank you for your question
My name is XXXXX XXXXX I will do my best to help you.
I am afraid that you are the victims of the ongoing belief that Benefit fraud is a major problem - and ALL claimants are being reassessed - even when it is clearly a nonsense as in your husband's case.
The system is so over burdened that there is no question of the making the 12 week deadline - so all applicants are in limbo.
It is of no comfort to you but if your were making afresh application it would be even worse as they are paid a reduced sum for the first 12 weeks which cannot be increased until the assessment is completed.
Whilst from what you say I do not believe you have anything to worry about at all the answer to your question is that sadly yes they could withdraw the benefit if they decide that you husband is no longer eligible
Whilst depressing I hope that this is of some assistance - please ask if you need further details
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