Can anyone tell me what the wording is in the leaflet "Notes for people getting DLA", issued with the award notice, regarding which changes of circumstances must or should be notified?

Specifically, is it a requirement to inform about starting work, if the care and mobility needs remain unchanged?

The notes do not state that starting work must be reported..... they do say changes in health have to be.

Thanks for that. There is a strange twist to this case. Client came to us yesterday with an overpayment decision dated 16/5/07 that DLA is recoverable from 2001(when he started part-time work)-2006. The decision removing entitlement for the period was issued on 27/4/07 so it would have to be a late appeal. I had planned to do both: overpayment decision on grounds that he did report that he was working and also that his condition had not significantly changed, initial decision on grounds that he continued to qualify. The problem is that client put in a new claim and has been awarded DLA at same rates as before (HRM, LRC) from June 2006 because it is accepted that his condition has worsened. The decision removing entitlement from 2001-6 is on the same letter as the one awarding from June 06. If we challenge, he could risk losing the current award.

Could argue that there are in effect 2 decisions although both notified at the same time (one on past period which is a Supersession under Sec 10) and one which is a claim and decided under Sec 8. Make it clear in the appeal letter he is only appealing the Sec 10 decision...... may provide some protection to stop a tribunal looking at the ongoing award.

In respect of the previous decision, might there be mileage in confining your argument entirley to the grounds that the SoS had no grounds for revising entitlement under s.10? Starting work is most definitely not a relevant change in circumstances and if that was the sole ground, the decision cannot be upheld as no grounds existed to superseed the awarding decision.

It would be a wise precaution to have backup evidence of the disabilities etc, but I would be inclined only to submit that at the tribunal should the need arise. Otherwise, the liklihood is, is that the tribunal will only consider the disability side of things.

I haven't had any cases like this, but if I did, this is the line I would take.

See the other thread on work & dla. it is not a precondition of getting DLA that you are unable to work, only that you are disabled and need help ... completely different thing.