Dear Department for Work and Pensions,

I am severely disabled with a life threatening condition in great need of your help as a matter of urgency to save and give quality to my life.

I am in receipt of Disability Living Allowance at the Highest rate and Incapacity Benefits. Would you please furnish me with a legal determination with regards the following questions.

1. Can Disability Living Allowance be spent how and when that best suites the recipients medical and disability needs such as bespoke equipment?

2. Can Personal Independent Payments be spent how and when that best suites the recipients medical and disability needs such as bespoke equipment?

3. Is there a benefit cap on the amount of DLA and PIP that can be set aside into any bank account to purchase bespoke equipment that best suits the recipients disability needs?

4. If Disability Living Allowance is set aside (point 3) is it classed as capital for the purpose of Housing, Council Tax, Income Support?

5. If Personal Independent Payments are set aside (point 3) is it classed as capital for the purpose of Housing, Council Tax and Income Support?

6. If Disability Living Allowance is set aside (point 3) is it classed as Income for the purpose of Housing, Council Tax and Income Support?

7. Based on the above information are DLA/PIP Benefits fully disregarded for the purpose of Income Support, Housing and Council Tax Benefits?

8. Based on the above information are DLA/PIP Benefits fully disregarded for the purpose of Employment Support Allowance?

9. Based on point 8, what is the correct ESA to receive please?

10. Is it true that the Department of Work and Pension and Council adheres to the legislation. Income from DLA/PIP is not capped and is fully disregarded as income for the purpose of Housing Benefits as defined within the Housing Benefit Regulations: HB Sch 5(6) &
HB SPC 29(1). Is point 10 a true and correct statement?

If there is anything else you could help me with that would be most welcome.

Yours faithfully,

John Paffvett

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DWP Strategy Freedom of Information, Department for Work and Pensions

Thank you for your Freedom of Information request.

You can expect a reply by 14 March 2016 unless I need to come back to you to clarify your request or the balance of the public interest test needs to be considered.

If you have any queries about this letter please contact me quoting the reference number above.

Yours sincerely

DWP Strategy FoI Team

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DWP Strategy Freedom of Information, Department for Work and Pensions

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Please see the attached reply to your Freedom of Information request

Yours sincerely

DWP Strategy FoI team

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