I believe there is no possibility, in any circumstances, of back-dating a claim for D.L.A. (as opposed to a supersession or revision).

Does anyone think differently?. The circumstances are that the patient was told his cancer was operable last year, and was advised by a paliative care nurse and hospital worker of some description that there would be no possibility of a D.L.A. claim succeeding as he was not Sopecial Rules and was also not symptomatic. Awfully for him and his wife, however, the cancer hadn't gone and now, some year or so later, he is receiving benefit under the Special Rules. The couple wish to claim back-dated D.L.A., and have done so and have actually got as far as having received the Schedule of Evidence for the Appeal.

I am loathe to turn the case down if there may even be a glimmer of test-case argument hope, but I think there probably isn't. Does anyone think I'm wrong on that assessment?.

John.

I've given this some thought, but the best that I could come up with depends on whether it is possible to determine when the claim form was requested. If it's not possible to tell, DLA can be backdated for 6 weeks from the date the form was received by the DBC .

Other than that, i can't see how the claim can be backdated.

I'm a bit confused as to what the grounds for backdating to the time of the original advice advice would be anyway. You say that 'last year' (so presumably at the latest in December 2005) he was asymptomatic and was told that he did not fall under the special rules.

If he was asymptomatic presumably he had no care or moblity needs, and the view expressed at the time that he was not covered by the special rules ie his death could not be 'reasonably expected' within the next six months (before June 2006) appears to have been correct AT THE TIME. So if he had made a claim in 2005 I don't see that it could have succeeded.

What appears to have happened since then is that the diagnosis has changed, (he may well have become eligible either because special rules applied or because the effect treatment or development of symptoms gave rise to care/moblity needs) at that point but doesn't seem to have been advised or helped to make a claim. Although he's obvoiusly very upset that he was told he'd be ok in 2005, and this has turned out not to be the case I don't think that this means he was wrongly advised about his benefit entitlement at the time.

Have you had a look at Reg 4 (1) of the Claims and Payments Regs? This allows the SofS to accept anything in writing as a claim for any benefit, except IS or JSA. Have they any evidence that this was the case?

Thanks verey much for your replies. Unfortunately, now that I have seen all of the papers in the case it doesn't really seem that there will be any hope in the instant case. There was no earlier claim or letter or anything else that could be construed as a claim, and the advice was from a medical professional, not an advice agency or other type of legal representative or solicitor, and in any case was not in writing. I hope this may help someone else with differeent facts in their case. Best wishes, John.