DLA, residential care and potentially 20 years arrears

I have recently seen a client with severe learning disabilities whose payment of middle rate care were stopped in 1987 when he went into residential care. He was only there for 2 years and then lived independently in a flat for a couple of years before moving back into the family home about 12 years ago. He had various social workers/support workers at the time who presumably notified DLA when he moved in. It appears DLA weren’t notified and they didn’t ask if his addresses subsequent to the residential care place were also ressie car. When he moved back to mothers 12 years ago she notified DLA of his new address living with her. 

I saw them to do a supersession as they though he wasn’t getting any care component. I noticed the DLA letter they showed me said he was entitled to middle rate care component and low rate mobility component indefinately but then said they were paying him low rate mobility component. They never noticed this on the letter. It didn’t specifially say middle rate care wasn’t being paid due to him being in ressie care.

I called DLA and they have just written out asking when he left residential care and why they hadn’t been informed earlier.

I’ve never come accross this before. Any thoughts on whether they might backdate and pay him from date he moved out of ressie care?

This has been aired on here many times.  For the latest see the link.

http://www.rightsnet.org.uk/forums/viewthread/2017/

Many thanks. That’s really helpful.