I have been referred a client whom a support worker lodged an Income Support appeal for. It is a client with an acquired brain injury who was on DLA middle rate care but that was refused on the DLA renewal on 19/1/09. Then he lost his entitlement to Income Support due to the application of removal of the severe disability premium from that time.

The DLA was reinstated to high rate care on 22/5/09. He has an appointee (his sister) and due to various circumstances she did not act until November to get the Income support reinstated, and the income support was paid from that time. My understanding from claims and payment regulations are that where a qualifying benefit is reinstated, a claim of income support must be made within 3 months of the qualifying benefit decision to get full backdating of income support. The appeal is asking for full Income Support backdating for the period of January 2009 to November 2009.

From this it appears that the appeal has insufficient grounds. It would be appreciated if someone would inform me whether my interpretation is correct of not.

Look forward to any feedback.