I know that when an award of DLA or AA is made the procedure is that, where a claimant has said they are on I/S (or PC) the DBU send a paper notification to the local office.
However, if a client is only on IB then taking the SDP into account the calculation would bring them into I/S. However, the DBU do not apparently notify the local office where a claimant is only on IB. The effect of this is of course is that the client doesn't know about SDP and therefore doesn't claim, losing out on benefit. The same also applies where the claimant is claiming AA and not on guaranteed credit. Although we pick up on quite a few of these through their HB/CTB claims, and advise them accordingly, there must be many more that lose out.

Whenever we try to get a backdate to the start of the DLA/AA award, we always get the reply that the cliemt never told them, and therefore never made a claim and are caught by the normal backdating rules.

OK, the question is - if the Secretary of State - on paper - makes all decisions - the claimants do not have to report changes of circumstances which are solely benefit related, because the S of S already knows of these - therefore has anyone argued yet that because he does know, the claimant should automatically be considered for the SDP?

I think all that makes sense - it's been one of those days you should'nt have got up for............

Have had similar cases and been partly successfull where the local office should have known and so backdating the SDP was easier. Have a current case where DWP state they send client an IS10 on the same day that DLA MRC was awarded, which I am arguing is impossible as the award would not have been made on the day, hopefully this will win at Tribunal and possibly get backdated to 1996.

I asked my local office in September 2001 to do a benefit take up camapign in your very issue, they agreed to do a trawl of potential SDP which I don't think happened but in effect should be possible on a regaulr basis.

A ramble I know but appeal the refusal to backdate, hope this helps?

Mike

I think the problem you have with your argument is where there has been no claim for income support, how could the Sof S be held to know that SDP should be awarded? A claim for IB does not indicate other financial or familial circumstances other than perhaps receipt of occ pen. A claim for AA/DLA doesn't ask if you live alone, or if other adults who live with you are blind/in receipt of qual benefit themselves.

What would be reasonable in these circumstances?

(Unless I've got the wrong end of the stick and you are thinking particularly of those IS claimants who lose entitlement when IB increases so the subsequent entitlement to SDP may change the floated-off-IS scenario.....?)