All advice appreciated.
My client's partner was in receipt of DLA at HRC/HRM until late 2007 when it was withdrawn on renewal. The partner successfully appealed and DLA was re-instated in full with no break in the claim.
IS and CA was already being claimed by customer but the CA ended when the DLA was stopped and was not re-instated when DLA appeal successful.
Customer and partner advise that DWP were notified of DLA new decision but they have still lost the CP since 2007 to November 2008 (CA re-awarded from December 2008 following new claim) due to CA not being in payment.
DWP insist that DLA and CA teams don't talk to each other to update changes in awards but this contradicts the fact that they stopped the CA when the DLA ended in 2007!!
Is it possible for a DM decision to be made deeming this customer to still have underlying entitlement to CA so that they can re-claim the lost premium from IS?
Or should we be looking at a claim for a special payment under the DWP Financial Guide to Maladministation guide?
Thanks for your help.

Hi Liz

When you say the DWP do you mean CA unit, DLA unit or JC+

Assuming appeal was successful in Nov' 08 and high/middle rate care was awarded.

CA sould have been re-instated following successful DLA appeal - The DLA unit would not have informed CA of the decision, a review claim for CA or new claim (treated as a review and not a new claim or backdated claim) with copy of the tribunal decision, should have been made, this would review the decision ending CA entitlement as that decision was made in error following DLA renewal decision removing high rate care (corrected by DLA tribunal hearing).

I cannot see why there is a problem from CA end - unless your client made a new claim and did not mention tribunal decision - a letter explaining situation (new claim should have been treated as review of previous decision) should sort this out. Request that they treat the letter as a letter of complaint and matter of urgency, due to their error client lost out on due entitlement.

Good luck