As noted elsewhere, I am ploughing through the memoranda submitted to the Work and Pensions Select Committee on benefits simplification.

I have come across the following, rather alarming news, in a supplementary DWP memorandum, with regards the current situation, whereby potential DLA/AA claimants are sent a date-stamped claim form and given 6 weeks to return the form without losing any benefit:

Measure 3 - Remove Double Dating Provision for Disability Living Allowance and Attendance Allowance

We will remove the different and discriminatory rules for determining the date when Disability Living Allowance and Attendance Allowance entitlement starts, depending on where a customer gets their claim form. In future there will be a single rule which will allow two weeks backdating for all successful claims. The current two-tier process disadvantages those customers who use the services of the Department's external partners when claiming benefits.

Background

Entitlement to benefit can only be considered once a claim has been made. In most cases there is some flexibility in determining the date on which a claim is made or for allowing a prescribed time for claiming. When Disability Living Allowance and Attendance Allowance were first introduced, legislation did not permit claims to be backdated. However, in 1992 the Government introduced the concession of double dated claim packs for Disability Living Allowance and Attendance Allowance, for claims sent out by an approved office.

Double date claim forms have two spaces for dates to be inserted. The first is the date the form was issued by the approved office and the second is a date six weeks later. If the customer returns the claim form before the second date, benefit is paid from the first date. If not, they are paid from the date the form is received in the approved office. Claim forms provided by other sources do not have the date-spaces and benefit will only be paid when the completed form arrives in the Disability and Carers Service office. These customers have no opportunity to benefit from the six week time limit for returning completed forms enjoyed by people who get their claim forms directly from an approved office.

Rationale/why we are doing this?

— Ensures equal treatment for all the Department's customers regardless of where they obtain their claim form.

— Simplifies claims processing and removes an unjustifiable unfairness that may give rise to litigation.

— Provides a uniform backdating system that supports the Government's commitment to working equitably with partner organisations in modernising welfare delivery.

— Sends a powerful message that the Government is committed to joined-up services, across society.

Timing

This change requires primary legislation, so timing depends on availability of a suitable legislative vehicle.

I know this was flagged up in the Budget this year but I didn't anticipate this response, I have to admit. And given the fact that for IS and JSA, for example, claimants are given one month to return a properly completed claim form, I find the justification for this proposal as being laughable if I'm being kind. My flabber is gasted that they also describe as justification that claim forms provided from other sources do not benefit from the 6 week window - i'd love to see what proportion of DLA/AA claims come from other sources compared to DCS-issued forms - i'd bet it's quite small in comparison.

blimey ! ........ will stick something in news too .... cheers paul

Tight sods - 2 weeks!!

Tue 08-May-07 12:52 PM by Tony Bowman

"Simplifies claims processing and removes an unjustifiable unfairness that may give rise to litigation"

This is the strangest reason. It does not remove the unfairness. On the contrary, it removes the concession so those who get their claim packs from DCS will be worse off by 4 weeks, whilst those who don't, will only be better off by 2 weeks.

I don't see any 'removing of unfairness' in that - Robbing Peter of £30 quid to give Paul a tenner! No doubt they'll also save money by having fewer requests for claim packs.

Another back-door money saving move. I wonder if the select-committee will realise they're being hoodwinked...?


ps. Anyone any idea why they think they'll face litigation - after 15 years of the system...?

Next they will only backdate two weeks from when decision made, our new claims currently take 12weeks to process. As for the reasoning as already stated it just a cost / money saving process at the claimants expense yet again. What did they say in 1997'things can only get better' but they never said whoit would get better for.