I have what I feel is an unusual appeal case. The client has recently been disallowed benefit after been on HRM LRC.

In 1995 the client got an award based on GPFR this was indefinite award

2005 The client had periodic enquiry form in which another gpfr and kept her award

May 2009 depart decided to look again at award but did not send her a periodic enquiry and did not inform her of the fact her award is been looked at again. They went ahead and looked for GPFR but does not have data consent signed by the client. The client lost all of her award

Phoned DLA to find out what permission the had to request this information. I was told that they had the consent by the forms that was filled in by the client in 2005. If the client has not changed address or GP they have the right to do this. Asked what measures did the take to ensure this had not happened they stated none its up to the client to contact them and let them know.

Has anyone come across a case like this?

No but to terminate an award (as opposed to suspending) of their own volition without giving the claimant opportunity to comment sounds like maladministration to me.

I would agree with the maladministration suggestion above, but would also consider the following, as no consideration appears to have been given to current situation or any improvement or deterioration in condition:

For your reference - From the DWP Website;

"17 Official error can be broadly defined as occurring when
* a decision maker makes a wholly unreasonable or clearly incorrect
decision (see paragraphs 18 and 99 et seq)
* the requirements of the law applicable at the time were not
followed (but see paragraph 18)
* incorrect or inadequate action was taken
* correct action ceased prematurely
* a valid claim was overlooked or ignored
* the customer was misdirected (that is, the customer acted on an
incorrect or inadequate direction or instruction to his or her
detriment)."

http://www.dwp.gov.uk/publications/dwp/2...