What role will I have as my daughter's carer and appointee at benefits tribunal?

alison71

I am full time carer and appointee for my 21yr old daughter who has a rare disease which means she needs to sleep on machines due risk of choking, an has to be monitored all time when sleeping/resting...she is on a gastronomy peg for everything, nutrition, hydration and medication..she needs help with her equipment, washing bathing etc..the disease causes severe regurgitation (approximately 20times a day),mimics hearts attacks an causes exhaustion...and was given no points for either care or mobility (care side is what we was claiming for)..it is now going to tribunal and awaiting the date..could anyone tell me what role I have as appointee regarding tribunal as I'm going to struggle to get my daughter there and when I do get her there, she is going to struggle to speak as stress can set the chest pains off, making it difficult for her to speak as she has to concentrate on her controlled breathing and also the chest pains set the regurgitation off so she will in effect, be dealing with pain as intense as an heart attack, whilst regurgitating,whilst trying to answer questions..I have been told afew different roles of being her appointee..i can do the speaking and answering for her, and if she is too poorly to attend, I can still attend the oral hearing...would anyone be able to help me know my rights an role of appointee please, would be extremely grateful for any input..

BenefitsTrainingCo

Hello Alison

I am sorry to hear that you have to go to a tribunal to decide your daughter’s case.

The first thing to say is that in rare circumstances a tribunal can come to your home, this is called a domiciliary hearing.  To request this you can send a letter to the tribunal requesting a domiciliary hearing.  You will also need medical evidence confirming that it would be difficult for your daughter to get to a tribunal, even if an ambulance was provided. Tribunals can also consider contacting you and your daughter by video link or telephone.  Again this would not to be requested, with an explanation and medical confirmation as to why this is needed.

The above however does not get over the pain and communication problems that you daughter will have. As a rule tribunals do like to hear evidence from the person that is claiming benefits, however, as her appointee and when they see the difficulties your daughter has then a tribunal may turn to you.  You could also provide medical evidence to a tribunal e.g. from a specialist/GP explaining the difficulties your daughter will have and ask that given the circumstances that they take evidence primarily from you. 

Regards

Maria

alison71

I have been to a tribunal once before for this condition so I do know the ins an outs of what happens on the day..before though daisy was a child so obviously it was my role to act.for her.plus she was in hospital at the time as well...i do understand that the rules are different from that to dla, but daisy does.still fit the criteria and has too ne supervised 90% of the day...even when sleeping, amongst other things (cutting a long story short)..thankyou so much for your response and for the advice..