Hi

I am assisting a client with a Disability Living Allowance appeal. The effective date of renewal was 02/04/2009 but the date that the decision was made was 06/02/2009. Which date is important to the tribunal?

Thanks

Both dates will be of importance to the tribunal. The 06/02/09 date is the date your client will have to show was appealled against in good time. Is this the question you are pondering?

Allan

Thanks for your help Allan, the question I am asking is which is the date where the client will have to have had met the disability condition from?

The most important point where the date of the decision predates the date of the renewal is that any changes between the two dates cannot be taken into account on appeal.

If you are arguing for a change that will result in a higher rate of benefit, then the additional need will have had to be in place for three months before the higher rate can be paid. So say the deterioration had only just happened by the date of the decision, it would be open to the DM to make an award from the three months deadline, ie in the future, possibly even after the renewal date. If however the deterioration was after the date of decision but before date of renewal, you'll need to put in another supersession application.

Thanks very much for your detailed approach.

you might want to read tribunal of commissioner's decisionsCDLA.2751.2003,CDLA.3567.2003 and CDLA.3275.2003

So does the three month backward qualifying period cover the three months before the date of renewal?