I know that a DM decision is not effective until it is notified to the claimant. I have a client who did not receive a DLA renewal decision disallowing the care component, but allowing the mobility component; previously awarded both. The reason she did not receive it is because the village postman was hoarding thousands of items of mail and not delivering them. He was eventually prosecuted and dismissed. This was publicised in the local press, so I have evidence of this.

There was a gap of several months before the client noticed the drop in income being credited to her bank account (ill health and deteriorating awareness). Now out of time for appeal and reconsideration, etc.

I am going to ask the DCS to reissue the decision with a current date, and argue that the decision was not effective because non receipt of the decision by the claimant is part of the notification process. Does anyone have any take on this, or case law etc? Views, advice much appreciated.

John

You mention that there was a gap of "several months" before cl noticed a drop in income. You are outside the normal 1 month appeal limit, but is the cl still within the 13 month absolute limit on appeals? There appear to be grounds for extending the time permitted for appealing.

Unfortunately, Ruth, it is now outside the 13 months also.

Have a look at the following thread for an indication of the legal issues concerning effective delivery by post.

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=104&topic_id=2828&mode=full

Thank you Nevip; that's helpful.
John

This earlier thread may well be relevant:

www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=102&topic_id=7408&mesg_id=7408&page=


In short, if one has not already been requested, ask for a statement of reasons and then simply appeal (entirely legitimately, so it seems) within 14 days of the SoR being issued.....

Kevin - my understanding is that this loophole is only going to work (until someone gets around to shutting it ) with HB cases?

In the present case, as it appears there's good evidence that effective notification did not occur, surely that's the way to go?

ps - must get around to asking Shawn to give me a new account - lost my job at Cambridge House (another victim of the new LSC contract) some months back and have recently started at Mary Ward Legal Centre. Any suggestions for my new user name? "the poster formerly known as past caring" perhaps?

What about "past caring 2"

What about "given up all hope completely".

Good news. The DLA decision maker has accepted my argument. Even better the reconsideration submission I also sent has been accepted, and DLA care (H) and mob (H) has been awarded from November 2007!! A result beyond what I had hoped for.

John