Ask the Experts

Am I eligible for assistance?

Q How can I find out if I’m entitled to personal assistance? I have polio, I'm on higher rate DLA, have two children and live in Tower Hamlets in east London.
Farah Esse, by phone

Agnes Fletcher suggests: You need to start by asking for a home assessment to determine whether, according to their criteria, you need help with daily living tasks. Like all councils, Tower Hamlets has to use a document called Prioritising need in the context of Putting People First: a whole system approach to eligibility for social care – guidance on eligibility criteria for adult social care, England, 2010 (dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_113154). This replaces the Fair Access to Care rules (though these are still listed on the Tower Hamlets website). Start by getting in touch with the Social Care Team, Tel: 020 7364 5005. Email: adultcare@towerhamlets.gov.uk

How do DLA and AA differ?

Q I’m confused about the difference between Disability Living Allowance (DLA) and Attendance Allowance (AA).

I’m currently in receipt of DLA and approaching 65, but I understand that after that age people are no longer entitled to DLA.

My question is, can one be eligible to claim DLA after the age of 65?

In addition, will I, as a current recipient continue receiving DLA after my 65th birthday?

And under what circum­stances would I or anyone else apply for or transfer to Attendance Allowance?
A Hunter, North London

Ken Butler of the Disability Alliance says: If you receive DLA before your 65th birthday then you continue to receive it after your birthday. You cannot make a new claim for DLA after your 65th birthday. Attendance Allowance is the DLA equivalent for people 65 years or over at the point of making a claim.

Can council do U-turn on planning permission?

Q We live in a fourth-floor council flat and to make it easier to get up there, we recently installed a lift to aid my wife’s mother, who is a wheelchair-user, and my wife, who is pregnant and has a two-year-old.

Initially the council told us we didn’t need planning permission. Now that we’ve installed it, they’ve changed their mind and say that they want us to remove it.

I was wondering if you had any possible advice to give us. It’s a state-of-the-art lift. It makes the property sustainable for the future and accessible for all, but the council feels the lift doesn't fit in with the building. Any help would be appreciated.
Ian Garlick, by email

Kate Sheehan replies: This is a little more complicated than it first appears. If the lift had been internal to your property, there should have been no need for the Council to be involved, unless it’s a listed building. But since the lift has been installed externally and has a visual impact on the front of the property, it will indeed have required planning permission and building control approval.

The first query I would make was who originally advised you that planning permission was not needed, and did you get this advice in writing, as this would be their mistake and they must at the least bear the costs of the lift, its installation and now its removal if the council recommends this.

If you don’t have the above, I’d ask why they have turned it down on the retrospective planning application. If it’s on grounds of safety, I suggest you seek advice from the lift installers to see if alterations can be made to make it compliant. If it’s on visual or environmental grounds, I suggest you appeal to the Secretary of State for Communities and Local Government via the local authority complaints system. This does take time and cost money but it will mean that an independent person will review your application. It will also give you a brief opportunity to make your own verbal statement when the assessment visit is carried out.

I’m also concerned that the company that installed the lift didn’t question your belief that you didn’t need planning permission, as they should know from experience that that advice was wrong.

I also recommend that you contact the lift installers to inform them of the situation and say that in your opinion they had a professional duty to question the lack of need for planning permission.

If the planning appeal is not successful, you might negotiate with the lift company some financial compensation, but if you follow this course of action I recommend you seek legal advice first.

Experts:

Sexual and Personal
SIMON PARRITT
Psychologist with psycho­sexual therapy experience

Legal
DOUGLAS JOY
Senior solicitor at the Disability Law Service

Benefits and Debt
Citizens Advice Bureau and Disability Alliance

Technology and Internet
LÉONIE WATSON
Works with digital consultancy Nomensa

Specialist Equipment
JOHN MANDRAK
Disability journalist and DLF helpline adviser

Travel
ANDY WRIGHT
MD of Accessible Travel, specialist tour operator

Money Management
DAVID CLARKE
Senior partner with Clydesdale Bank

Access and Environment
AGNES FLETCHER
Disability trainer and consultant

Property
KATE SHEEHAN
Occupational therapist with interest in housing

Motoring and Transport
HELEN DOLPHIN
Works with Mobilise and specialises in matters to do with cars