Hi I have a client who is getting middle care and was on IS until she had her partner move in. now she realises that she could have got severe disability premium, is there a way of back dating the severe disability premium? all the information I have read say up to three months but not longer and this goes back a couple of years.
any advice please

Regards
Diane

It may depend on when income support was awarded, and when the middle rate care was awarded (i.e. not only the date the award was made, but the date it was effective from).

Have you got any further details

Brian

HI
the IS award was from 2005 and has now stopped as my client has a partner living with her, who is in full time employement. My client has just started volunteering for the advice centre I work for and has realised that she wasn't getting the severe disability premium before her partner moved in which I believe was about a year ago so she wants to have the premium back dated, but as far as I am aware this will not be possible.
If you are able to point me in the right direction I would be most greatful.
Regards
Diane

I suppose one question is whether the information that would have been needed to claim an SDP had ever been in documents submitted to an IS DM - eg, did she mentions her DLA in the claim pack. If they simply failed to pick it up then they owe her the premium and can be asked to revise the original decision on the basis of mistake. If however there was a change of circs when DLA was awarded, which was never brought to IS attention, then I think the normal change of circs rules would apply.

Do other people agree?

Yes, revision would be the only option. Supersession under regs 6(2)(e) and 7(7) of the D&A Regs would only be possible if IS was still in payment.

I'm not sure I agree that the income support still has to be in payment for a supersession to be successful, as long as the start of the DLA award was during the income support award (and only effective from after the income support award started).

If the DLA was awarded after the decision awarding income support, but was itself effective from a date on or preceding the effective date of the income support award, the income support decision can be revised.

If the DLA was awarded after the decision awarding income support, but was itself effective from a date after the effective date of the income support award, the income support decision can be superseded under 6(2)(e).

However,if the DLA was already in payment when income support is awarded, the decision cannot be revised for ignorance or mistake of fact (as the outcome would be more advantageous to the client) but, if DLA was declared on the application, there could be grounds to revise for official error.

Hi
Thanks for all the helpeful advice, I have never used these forums before but they certainly are useful. I am awaiting some more paperwork from my client, once I have that I shall be able to take this further.
thanks again for the help.
Regards
Diane