DLA child claims- MR delays

Rang DCS to chase up on a ‘Mandy’ I lodged last month in respect of a disabled child. I was told that whilst the request has been received the backlog in dealing with DLA child MRs is immense- they’re currently still dealing with requests recieved during Feb/early March.

Has anyone else encountered this? My poor client’s CA and IS have both now ceased and JSA really isn’t an option as the child in quesion has CF and needs more or less constant care (blindingly supportive letters from those involved in his treatment already supplied). It’ll have to be ESA short term (thankfully GP is likely to be sympathetic) but I’m both surprised and concerned that the backlog is so substantial.

There seems to be a large backlog in dealing with child DLA generally.  I was recently told when I phoned chasing up a a claim that there was a considerable backlog dealing with DLA claims for children and that it is taking up to 20 weeks to consider a claim.  If child DLA MRs are taking a long time too, although all the MRs I deal with seem to take for ever, then it may be a feature of delays with DLA for children generally. 

I don’t remember asking what is causing the delays - I will try and be a bit more forensic next time.

Tony

I wonder whether the absence of medical advice has contributed to it… They’re needing to think about it now rather than simply seeking an opinion from ATOS.

Interesting. I wouldn’t be surprised if they haven’t dispensed of a large proportion of workforce too- either shuffled off to the various PIP sections or given the heave-ho. I can well imagine that there are only a handful of DMs left.

We are dealing with a DLA claim for a visually impaired child, for whom no award was made.  We were also informed that it would take a further 20 weeks for a MR to take place.

In the meantime the child has turned 16, so presumably she should now make a claim for PIP.

Over the last week we have spoken to 3 parents from different parts of the country, all who had contacted DLA to find out what was happening to their request for a MR. They all report being told that it is taking 26 weeks for a MR decision to be made.

Spoke to them just now and they’re apparently still dealing with MRs from Feb.

So much for DWP guidance, and the target to sort MRs out in about 14 days.

Not that the coalition intentionally planned to deprive people of justice or anything…...

We were advised today by DLA that officially claimants are currently being advised 18 weeks for an MR in the case of a child but in paractice we should expect it to take 26 wks due to the overwhelming number of cases awaiting a MR decision (not clear if this also applies to adult cases).

We can see clients under our public law contract to advise on challenging DLA MR delays by judicial review.

Mike, I have a client who may well want to go down that path if possible. Can I email you at some point?

Peter Turville - 20 August 2014 01:06 PM

We were advised today by DLA that officially claimants are currently being advised 18 weeks for an MR in the case of a child but in paractice we should expect it to take 26 wks due to the overwhelming number of cases awaiting a MR decision (not clear if this also applies to adult cases).

I’ve just been told this as well.

I called regarding a u16 DLA claim made in June 2014 which was refused in entirety within 3 days of it being received (yep - 3 days!). MR request bunged in straight away and registered on their system by early July.

I was advised today over the phone “I wouldn’t bother calling back before January if I were you”.

Hi,

I have a case in a similar situation where a nil ward has been made on renewal when previously the award was higher rate care. The child still needs constant care. I have phoned regularly and the time limit seems to be increasing each time - currently being told 26 weeks.

Any ideas on how to speed this up would be much appreciated.

In terms of expediting things, perhaps put it in writing with “URGENT” at the top of the letter, giving the reasons why this request should be prioritised - what is the effect of no DLA? If it’s causing hardship, this should be looked at. I don’t think there is a regulation to quote, but request an urgent response (say 14 days) and if not, complain, MP etc.

I can’t think of another way.

As Mike noted in his post above in August, we may be able to take on such a case and issue Judicial Review advice, see CPAG Test Case referrals for more information.