× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Disability benefits  →  Thread

Child’s DLA lapsed due to death of appointee

Catblack
forum member

Benefits specialist - South Somerset District Council

Send message

Total Posts: 103

Joined: 31 March 2011

Appointee (Dad) was sent a renewal form in August but suddenly passed away in September. Renewal was not returned.

DLA were contacted to advise of the situation by Mum (who herself is diabled and receives care) but she was not told that there was a renewal outstanding, nor sent the appropriate form.

The child’s DLA has now lapsed and she has to reclaim.

This seems grossly unfair but the only option I can think of is putting in a complaint for compensation payment or complain to the ombudsman because the DWP failed to tell Mum (the new appointee) that a renewal was due or send her a form at the right time.

Any other suggestions?

Karina K
forum member

Northwards Housing

Send message

Total Posts: 21

Joined: 8 October 2014

Surely you have grounds for a late reconsideration of this decision?

Catblack
forum member

Benefits specialist - South Somerset District Council

Send message

Total Posts: 103

Joined: 31 March 2011

It’s not a decisioin. The award was fixed period so the decision was the original award. It’s come to an end so nothing to appeal.

1964
forum member

Deputy Manager, Reading Community Welfare Rights Unit

Send message

Total Posts: 1711

Joined: 16 June 2010

Cat, I think the only route is the complaint/compensation route unless anyone out there can see something I can’t.

Catblack
forum member

Benefits specialist - South Somerset District Council

Send message

Total Posts: 103

Joined: 31 March 2011

I think complaint will be the way to go. I am doing a new DLA form for the child with Mum as soon as it arrives. We will do a data protection request regarding her phone call regarding death of Dad (appointee) and then probably escalate via MP. I think though, the gap will likely just be a week or so as the form should be dated either the week or the week after the payments ceased as she called them right away. We’ll be requesting compensation for the loss of CA and CTC as a result of the gap in DLA, as well as the award itself fingers crossed.