Ask the Experts

Had DLA, lost DLA, want DLA back

Q I am a single parent with a son who has cystic fibrosis. When he was three months old he was awarded Disability Living Allowance (DLA) – the care component at the higher rate. Now that he’s 16, he’s had to reapply for DLA. He’s meant to fill in the forms himself but since he’s unable to, I filled in the forms for him. Unfortunately, the application I made on his behalf was turned down, so it would appear that having been classed as disabled with a life-threatening condition for the past 16 years, suddenly, overnight, he has become able-bodied.

The criterion for form filling when describing yourself as disabled is that you must be in receipt of DLA. For tax credit purposes, for example, my son is only classed as disabled if he receives DLA, and only classed as severely disabled if he gets the care component at the higher rate. So, as a working mother struggling to survive, my income is about to be seriously depleted. Any help would be greatly appreciated.
Linda Eyles, by email

Ken Butler of Disability Alliance says: All children awarded DLA must make a new claim from their 16th birthday. However, the same DLA care and mobility disability tests apply to children and adults – except for the lower care component “cooking test” – but with children needing to show they have supervision or care needs “substantially in excess” of the usual level for children of the same age.

Cystic fibrosis is a life-time disorder, with lung disease being progressive and worsening but, sadly, your son’s refusal for support is not uncommon. DLA is refused to many disabled people who are then forced to go through unnecessary and avoidable appeals processes. There is also huge inconsistency in DLA renewal claim decisions for people with degenerative conditions.

Your son should have appealed against the refusal of his DLA within one month of the decision letter’s date. The qualifying conditions for DLA are not directly related to the nature of an impairment or health condition, but refer to the level and frequency of one’s care and supervision needs and/or mobility problems. Keeping a short diary to show your son’s typical day and night-time care and supervision needs might help his appeal.

The Cystic Fibrosis Trust can help you prepare a support letter relating to your son’s care needs and mobility problems, on completion of its DLA care enquiry form. See cftrust.org.uk or call 0300 373 1010.

Your son should also seek help at a local advice centre, eg. a Citizens Advice Bureau. To find a centre near you, visit the Disability Alliance website at disabilityalliance.org/f15.htm. As well as supporting you through the appeal process an advice centre may be able to help you obtain medical evidence (eg from your son’s cystic fibrosis consultant/nurse) that can confirm his continuing needs. If the appeal is successful, he should again be awarded the tax credit element you refer to – including full arrears – if you notify HMRC within three months of the DLA appeal decision.

Are wheelchair bans ever justified?

Q I was recently refused admission to an attraction that was wheelchair accessible but had banned motorised wheelchairs and motorised scooters, apparently because they’d had two incidents involving these forms of transport. The venue, Babbacombe Model Village in Devon, offered me a small wheelchair to use instead but I needed someone to push me and I was too big to fit in it. I was very upset and told them they were breaking the law by refusing me admission. I want something to change so this doesn't happen again.
Lindsay McKirgan, Weston-super-Mare

Agnes Fletcher says:
I can imagine how distressing it was, with all the effort and expense involved, to plan an outing and then be unable to enjoy it.

I asked the venue to explain the situation and they told me: “Because the model village is set in a steep natural valley and is accessed via several steps, it is simply too dangerous to allow motorised chairs into the village. We do have a manual wheelchair available which can make the visit possible but you will need the assistance of at least one strong helper. If this is not possible you can come into the park on the motorised chair but only to access the viewing terrace which offers distant views over the park and café. There is no charge for this but you will be asked to sign a disclaimer saying that you won't try to go beyond these two points.”

This is all spelled out on their website.

Like many attractions, Babbacombe has been around for a long while – it is about to celebrate its 50th anniversary. Sadly, when the site was chosen, access for disabled people wouldn’t have been a consideration and half a century on, it probably can’t be made more accessible than it is at present because of the steep slopes.

In terms of the legal situation, the Equality Act 2010 only requires service providers to accommodate disabled people by doing what is “reasonable”. But while they may not be legally obliged to alter the physical layout of the site or allow motorised wheelchairs (for health and safety reasons), there could still be other options. For example, if you were able to bring a manual chair that you could safely and comfortably use, it might well be reasonable for them to provide the “helpers” that they mention from among their own staff to help you access the site, rather than expecting you to provide them yourself.

A legal case would be needed to determine precisely what might be reasonable in the case of the Babbacombe site but it may very well be that they are not in fact in breach of the law. It’s important that they are clear about what is possible – upsetting though that may be – on their website and in any direct communications with potential visitors, but it appears that they are.

I’m sorry I can’t give you a more encouraging response.