Boy with half a heart has decision to take away benefits on his birthday overturned
A boy born with half a heart, who had benefits used to provide him with 24-hour care taken away on his birthday, has won a court appeal against the decision.
Ben’s father Paul attended a tribunal at Coventry Magistrates Court on Tuesday where he put his case to a panel with the help of Coventry Law Centre.
The family’s lawyer has now informed them that the appeal has been successful and that they will receive the benefits backdated for the five months they have been stopped.
The DWP could appeal, but the Gamble’s legal team has advised them it is unlikely that will be the case.
It should now be 2020 before Ben’s benefits are reassessed again, according to the family lawyer.
Paul Gamble, who was forced to quit his job as a security guard to care for Ben, said: “I had to give evidence myself and I broke down at one stage when they asked me about the long term impact of Ben’s condition and I had to explain that we could lose him in a few years.”
He added: “Now the decision has been made, I’m just on cloud nine. It’s like ten tonnes of bricks have been taken off my head, it’s such a relief after five months of hell. It has been the worst five months of my life, but now we’re very happy.
“We have even struggled to pay the rent, but we can deal with that now.”
Mr Gamble said: “At first I didn’t want to attract the publicity, but I’m now 100 per cent glad we did.
“I believe this will influence quite a few people in a similar situation and maybe, now we have won our case, they can see some light at the end of the tunnel.
“A lot of people might be scared to appeal, but the tribunal is there for you if you have a just cause.
“I hope our story will bring a lot of people forward to fight their case.
“We have had a lot of people get in touch who are in a similar situation and I know for a fact it has helped raise awareness of issues like this.
“We have also had a lot of supportive comments from people who are understanding, which is fantastic.”
For more information on how you can support people with similar conditions to Ben visit
http://www.lhm.org.uk