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Top Disability related benefits topic #6348

Subject: "Disability Living Allowance" First topic | Last topic
bensup
                              

Benefits Supervisor, Barrow-in-Furness, Cumbria Citizens Advice Bureau
Member since
24th May 2004

Disability Living Allowance
Thu 23-Oct-08 08:24 AM

We have a client who had an accident in May and claimed DLA himself in June - before the 3 month qualifying period was satisfied - The decision of the DM asks the Tribunal to consider whether the client satisfied the 3 month qualifying period at date of claim.

He did not as he had nothing wrong with him prior to the accident.

I've checked the regs and, while i can find something for AA that allows an advance claim S65 (6) SSCBA 1992, i can't find anything for DLA.

The reg that may have helped according to page 123 of CPAG was Reg 13A (1) SS (C & P) regs, but this appears to have been revoked according to Bonner page 897.

This client has come to us late in the day - any ideas anyone please?

Regards

Nicky

  

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Replies to this topic
RE: Disability Living Allowance, nevip, 23rd Oct 2008, #1
RE: Disability Living Allowance, bensup, 23rd Oct 2008, #2
      RE: Disability Living Allowance, nevip, 23rd Oct 2008, #3
           RE: Disability Living Allowance, bensup, 23rd Oct 2008, #4
                RE: Disability Living Allowance, nevip, 23rd Oct 2008, #5
                     RE: Disability Living Allowance, bensup, 23rd Oct 2008, #6
                          RE: Disability Living Allowance, nevip, 24th Oct 2008, #7

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Disability Living Allowance
Thu 23-Oct-08 11:36 AM

Nicky. Thats the first I've heard. In fact I had a tribunal yesterday make an advance award under reg 13A. Can you give more information?

  

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bensup
                              

Benefits Supervisor, Barrow-in-Furness, Cumbria Citizens Advice Bureau
Member since
24th May 2004

RE: Disability Living Allowance
Thu 23-Oct-08 11:42 AM

Hiya Paul

I can't really add any more to my original query as that's just how it stands at the moment.

When i've gone to check the regs it just says regs 3-23 revoked.

I had a look in last years Bonner too and it says the same so i was surprised to still be directed there by CPAG in their most current book.

I don't really know what to do or where to look next

What do you reckon?

Nicky

  

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nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Disability Living Allowance
Thu 23-Oct-08 11:47 AM

"I had a look in last years Bonner too and it says the same".

I'm staring at the reg in last years book right now. Whats going on?

  

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bensup
                              

Benefits Supervisor, Barrow-in-Furness, Cumbria Citizens Advice Bureau
Member since
24th May 2004

RE: Disability Living Allowance
Thu 23-Oct-08 11:57 AM

What page?

  

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nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Disability Living Allowance
Thu 23-Oct-08 12:03 PM

p410, green volume 2007.

  

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bensup
                              

Benefits Supervisor, Barrow-in-Furness, Cumbria Citizens Advice Bureau
Member since
24th May 2004

RE: Disability Living Allowance
Thu 23-Oct-08 12:10 PM

That'd be it then THANKS

It helps if you look in the right book - i just grabbed the non means tested one (Bonner) off the shelf and needed Rowland. Doh!

Thanks again Paul

Nicky

  

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nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Disability Living Allowance
Fri 24-Oct-08 08:22 AM

That would be the wrong type of mushrooms served up in your morning fry up then!! Lol.

  

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Top Disability related benefits topic #6348First topic | Last topic