We have a client who was in receipt of Incap of some £85 pw, DLA mid care High Mob, and income Support. The I/S was payable due only to the fact that his applicable amount included the Severe disability premium. He went into hospital in Oct 2002, and was not discharged until Sept 2003. When he went in he consequently lost his DLA after 4 weeks, his I/S obviously stopped and his Incap was downrated.

Come the intro of the 52 week downrating regs in May 2003, his Incap was reinstated at full rate. OK so far. However, when he did leave hospital, he notified Blackpool, who (eventually) reinstated his DLA, but assumed that they would notify I/S. When we found out about this about three months later, we checked. Of course, I/S had no idea he was out of hospital. New claim put in, but they won't look at backdating.

I know this may be a long shot, but how likely is it that we could use the "Secretary of State makes all decisions, and should therefore be aware of......." etc arguement - ie, arguing that by notifying one office of the DWP he (the claimant) should not have had to notify any other?

I could also use medical grounds - last visit to hospital was for a second stroke - which was my original thought, but then I got to thinking about plan B...............................

Hi Mike i was thinking for purely expedient reasons of (your plan A) the 3 month backdating of the income support claim ie he was to ill claim him self and had no one to help him until your welfare rights dept were advised of his situation (i'm assuming he lives alone because of the sdp). he's been in hospital for over nearly year suggesting he has been subject to major therapeutic procedures because of the gravity of his physical and mental disablement ie you mention a second stroke.When you say they won't look at backdating does that mean they have refused ? or they just refuse any request ? because that's what that local DWP office does.

Andy