Have a client that was claiming IB up until July 2001. It stopped upon starting a WBLA placement.
Client has a health relapse causing her to stop. She suffers from MS, blindness amd extreme depression. At this point she was suicidal and was not mentally capable of dealing with money/benefit issues. Her husband is not a very good reader and so could have easily missed any letters requesting the client to re apply for incapacity benefit.
In the meantime she gets an award of DLA. Although she only got the lower rate care she maintains that she thought this was the IB payments starting up again, plus to confuse things she also gets a lump sum of DLA.
In september 2004 she applies for a course at the local college and is told that she can get a concession if she is on IB. She goes to the DWP for proof of receipt of IB and is told that she is not getting it.
She reapplies and is told that she is not eligible due to failing the contribution conditions.
I cannot find any case law on this. Is there any and has the client got any chance at appeal which is next Tuesday?