Forum Home → Discussion → Disability benefits → Thread
DLA renewal not received
Hi
I completed a DLA renewal form for a client with M/H problems and chaotic lifestyle back in July 2014, and there’s a record on our system of when it was posted. Client hadn’t heard anything so rang them today to chase. I was told that the renewal was not received and the claim ended on 4 Sept. They say that the client must now claim PIP which will of course take at least 26 weeks to process. I asked if reminder letters were sent to alert the client to the fact that it was not recieved, but was told that the DWP don’t do that any more.
I’ve got a copy of the form, and a record of the date it was posted. Is there anything that can be done to get the DLA renewal form accepted, or is a PIP claim really the only option?
Thanks
JK
Yes you can. You need to appeal the decision terminating the claim. The basis, I suppose, would be that a claim was submitted by mislaid by the department. It’s then up to a DM to decide what is, on the balance of probability, true.
Maybe submit your copy of the form with the appeal.
Yes you can. You need to appeal the decision terminating the claim. The basis, I suppose, would be that a claim was submitted by mislaid by the department. It’s then up to a DM to decide what is, on the balance of probability, true.
Maybe submit your copy of the form with the appeal.
I’m not sure about that. There is no decision made at the end of a fixed term DLA award, I have always understaood that it simply ends as an effect of the awarding decision. Having said that, I think it is about convincing DWP on the balance of probabilities that a renewal claim was made in time.
I’d send another copy of the form and whatever proof of posting you have to the DLA office with a covering letter explaining when it was originally returned. Ask for an urgent decision in writing to that effect if they do not accept that a DLA claim was made. Anyone have any experience of getting such a thing?
IF they give you a decision, have a look at the caselaw in the commentary to Reg 4(6) of SI 1987/1967. This isn’t listed as a decision you cannot appeal against, but I don’t know how likely you’d be to actually get a decision, given their position is that there was no claim made. Maybe involving the client’s MP early might help?
If they refuse to accept a DLA claim was previously made, DWP still have the discretion to treat what you have re-sent as a valid DLA claim effective from the date that they get it (having invited the renewal claim - see the other thread linked to above).
However, if the re-sent form is not accepted as a DLA claim I think that you have to either threaten JR of the exercise of discretion and/or ask them to treat the re-sent DLA claim form as a PIP claim in the alternative. Again, the latter is a discretionary decision, and specifically one against which you cannot appeal (Reg 25 of SI 2013/380 and Sch 3 of SI 2013/381).
Of course none of this gets the client any payment of benefit until a decision on a DLA/PIP claim is made. So an angry MP who accepts that her/his constituent’s form was lost may be your best bet again.
And of course consider if your client might actually be better off on PIP…
Jon
Yes you can. You need to appeal the decision terminating the claim. The basis, I suppose, would be that a claim was submitted by mislaid by the department. It’s then up to a DM to decide what is, on the balance of probability, true.
Maybe submit your copy of the form with the appeal.
I’m not sure about that. There is no decision made at the end of a fixed term DLA award, I have always understaood that it simply ends as an effect of the awarding decision. Having said that, I think it is about convincing DWP on the balance of probabilities that a renewal claim was made in time.
I’d send another copy of the form and whatever proof of posting you have to the DLA office with a covering letter explaining when it was originally returned. Ask for an urgent decision in writing to that effect if they do not accept that a DLA claim was made. Anyone have any experience of getting such a thing?
IF they give you a decision, have a look at the caselaw in the commentary to Reg 4(6) of SI 1987/1967. This isn’t listed as a decision you cannot appeal against, but I don’t know how likely you’d be to actually get a decision, given their position is that there was no claim made. Maybe involving the client’s MP early might help?
If they refuse to accept a DLA claim was previously made, DWP still have the discretion to treat what you have re-sent as a valid DLA claim effective from the date that they get it (having invited the renewal claim - see the other thread linked to above).
However, if the re-sent form is not accepted as a DLA claim I think that you have to either threaten JR of the exercise of discretion and/or ask them to treat the re-sent DLA claim form as a PIP claim in the alternative. Again, the latter is a discretionary decision, and specifically one against which you cannot appeal (Reg 25 of SI 2013/380 and Sch 3 of SI 2013/381).
Of course none of this gets the client any payment of benefit until a decision on a DLA/PIP claim is made. So an angry MP who accepts that her/his constituent’s form was lost may be your best bet again.
And of course consider if your client might actually be better off on PIP…
Jon
No guarantee an appeal will succeed but I won mine.