I'm curious to know if the procedure imposed in this area is correct or not.

When a client with IB (and no IS entitlement) makes a claim to DLA that will result in IS entitlement if awarded, we make an IS claim immediately. We advise the client that this claim will be refused as DLA not decided but that we can ask for it to be reviewed if/when DLA awarded.

When the DLA award comes through, DWP then insist that another new IS claim is made and that it is annotated that we want the earlier decision reviewed.

Why is this necessary? Why can't they just go back to the original claim and change the wrong decision? The client can state that there have been no other changes in circumstances since the original claim form completed.

Is this the procedure adopted nationwide?

The DWP are correct on this one. The matter is covered by Reg'6(16-22)of the Claims and Payment Regs 1987.

Reg'6(16) specifies that a further claim (for the relevant benefit) must be made and Reg'6(18) gives the claimant 3 months from the date that the qualifying benefit was awarded, to do so.

It used to be the pratice that the DSS (as was) would stockpile the original IS claims and not make decisions on them until the DLA was decided. Then it would go back and just process the original IS claim.

But pressure from ministers on the department to meet targets for clearance times on benefit claims (to make the stats look good) led to the department abandoning this procedure, hence the appropriate amendments to the Claims and Payment Regs'.

Regards
Paul

Many thanks for your help Paul.

Shona