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Forum Home  →  Discussion  →  Disability benefits  →  Thread

DLA to PIP late form

Nan
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Generalist team - Hammersmith & Fulham CAB

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Total Posts: 155

Joined: 8 July 2010

Hi all,

Would just welcome thoughts.

Client is parent of a child recovering from cancer. DLA due to run out August 2017. Turned 16 - called to apply for PIP. Mum made the phone call on time, but was late with returning the form (beyond a 14 day extension). Mum provided reasons with the form, and they have been called for assessment (this is pending). DLA has not been reinstated.

My understanding is that the likeliest outcome is that PIP will be backdated to when DLA stopped, but that there’s no recourse for DLA to resume in the mean time. Is that correct? Aware that if PIP not backdated, this can be challenged with MR.

Thank you

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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HFCAB - 28 April 2017 11:53 AM

Hi all,

there’s no recourse for DLA to resume in the mean time. Is that correct?

Thank you

It depends… In law if good cause for the late return of the form is accepted then the PIP claim has not been “determined” and DLA should be payable. In practice that is not the case and as you say they will backdate the PIP instead.

It will take a JR to sort it out and these days that’s a big ask; it would take someone with deep pockets and a strong sense of justice to pursue it.

I must check my lottery numbers…

Nan
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Generalist team - Hammersmith & Fulham CAB

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Total Posts: 155

Joined: 8 July 2010

Thank you for your reply - thought so!