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Automatic notifications between DLA and ESA
Is anyone aware of any automatic process by which DLA notifies ESA that a claimant’s DLA has stopped. I have a case very similar to ‘Hinchy’ and if there is an automatic notification system then it might be argued that the claimants failure to disclose would have had no effect if ESA had in fact already been notified by DLA. I also wonder if the notification on ESA letters , which just seems to say ‘it is your duty to tell us about any change of circumstances’ is not specific enough- I seem to remember that IS letters gave a list of examples
I don’t know about the internal procedure. Perhaps submit an FOI request.
Did the claimant understand that the end of her DLA claim is a relevant change? Or did she just think DWP would share the information unprompted?
I understand that where there is no specific duty, such as being told “tell us when your DLA stops”, the test of reasonableness may apply. Would a reasonable person have known that the end of a DLA award constituted a relevant change of circumstances?
R(IS) 9/06 has much to say on failure to disclose.
Thanks for the replies. I have now sent in an FoI request about links between DLA and ESA and whether these are automatic or not. My client was apparently told that there was in fact some sort of link and there is reference to various notification systems in the commentary to s.71 SSAA in Bonner so i think it is aworthwhile enquiry