My client's application for a renewal of a fixed period DLA award has been disallowed. The time limit for appealing the decision has expired but payments on the previous award do not end until January. Can he make a new claim now or does he have to wait until the previous award ends?

If you feel the client still qualifies then a late appeal would seem appropriate?

Under the new Tribunal rules any appeal that is late should be treated as in time if the respondent does not object and, if they do object it must be sent straight to the Tribunal Service for a decision.

Nicky

Even under the old rules the time for appealing could be extended to 13 months (and frequently was, by Tribunals anyway) if there was anything approaching a resson for the delay and a reasonable prospect of success. Failing to renew an award, unless the condition was one which was always likely to be short-term (like a broken leg) would probably have a reasonable prospect of success.