Fri 16-Apr-10 05:15 PM by ASH
My client made a dla claim in Oct 09 under special rules with a ds1500 and heard nothing. He made an esa claim at the same and got awarded basic rate. I don't know if he put anything on the esa application about terminal illness. In December he discovered that a decision had been made by dla that he was not terminally ill and his dla was still being considered under the normal rules. More info was sent to dla and eventually the dla was awarded top rates, presumably under special rules, backdated to Oct 09. The decision was made 6 weeks after the client died. Can we ask for an any time revision of the esa basic rate to get the support rate backdated to Oct 09 in the basis that it is only with the dla award that his terminal illness was recognised.
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