DCS ADVISORY FORUM - 24/04/06 SPECIAL RULES PRESENTATION

Background DLAAB Report of a study of DLA and AA “special rules” commissioned by Maria Eagle. Recommendations included: 1) Medical Services doctors need to access up-to-date information about medical conditions which give rise to “special rules” claims; 2) All new “special rules” awards of DLA/AA should be for a fixed period of 3 years.

Recommendation 1 Medical Services doctors need to access up-to-date information about medical conditions which give rise to “special rules” claims. Current position The DLAAB recommendation has been implemented: Evidence based IT supported guidance for Medical Services doctors about the prognosis for “special rules” cases has now been developed and is available for use. Medical Services doctors are encouraged to contact the customer’s clinician/oncologist, in particular for complex or rare conditions.

Recommendation 2 Where benefit is claimed and awarded under the “special rules” provisions, the award should be for a fixed period of 3 years. Current position The Minister for Disabled People has approved implementation of this recommendation: There are no changes required to legislation; “Special rules” claims will continue to be dealt with quickly and sensitively; A renewal claim will be invited 6 months before the end of the award.

Current position – continued Implementation is planned to take effect from mid-July 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”.

Customer experience issues 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; Completion of the DS1500 report is not affected; We will aim to notify decisions on DLA and AA “special rules” claims within the current timescales; Customers can dispute decisions under the existing procedures. “Lines to Take” are being developed to help staff respond to enquiries by customers where the claim has been made on their behalf by a third party