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What are the procedures in this case?
I wonder if someone can help? I have a client who made a claim for DLA last year. He has cancer. He was refused an award. We are currently waiting for a hearing date, which we have been advised will not be listed for another three months at least.
The other week his doctors said client is terminal. A DS1500 has been completed and we sent it both to the DBC and the Tribunal Service requesting they revise the original decision.
We had a call from someone at the DBC this morning stating they will award the client from 25th April, which is when the DS1500 was sent in. It appears they have treated the DS1500 as a new claim even though a new form was not completed.
What is the correct procedure? Should the decision be revised?
If it is treated as a new claim, how would the decision of the Tribunal affect the new decision?
Thank you
I don’t think they are treating it as new claim but a change of circumstances.
Was the original claim based on the ‘special rules’ or was it to do with the functional effects that the calimants illness had on his ability to walk, self care etc?
A new DLA claim form does not have to be completed (reg 4(1) of the Claims and Payments Regs). The Department will treat receipt of the DS1500 as a new claim (which it is – you can only supersede an existing award) and has used its discretion and common sense to use the information from the initial claim form for the purpose. The tribunal will be looking at a closed period award from the date of the initial claim until the day before the award on the second claim.
I don’t think they are treating it as new claim but a change of circumstances.
Was the original claim based on the ‘special rules’ or was it to do with the functional effects that the calimants illness had on his ability to walk, self care etc?
It was the latter. It was our receptionist who took the message and she is certain they were treating it as a new claim because the DBC said ‘There should usually be a form with this, however it does not matter as out medical department is happy and have processed it’.
I did not want to call them until I was clear of the procedures.
A new DLA claim form does not have to be completed (reg 4(1) of the Claims and Payments Regs). The Department will treat receipt of the DS1500 as a new claim (which it is – you can only supersede an existing award) and has used its discretion and common sense to use the information from the initial claim form for the purpose. The tribunal will be looking at a closed period award from the date of the initial claim until the day before the award on the second claim.
Thanks Nevip
By closed claim, does this mean the Tribunal could make a decision that the client was entitled to a lower award from when he first made his claim up to the date of the new decision and this will not affect the new decision?
Sorry, does that make sense??
A new DLA claim form does not have to be completed (reg 4(1) of the Claims and Payments Regs). The Department will treat receipt of the DS1500 as a new claim (which it is – you can only supersede an existing award) and has used its discretion and common sense to use the information from the initial claim form for the purpose. The tribunal will be looking at a closed period award from the date of the initial claim until the day before the award on the second claim.
Thanks Nevip
By closed claim, does this mean the Tribunal could make a decision that the client was entitled to a lower award from when he first made his claim up to the date of the new decision and this will not affect the new decision?
Sorry, does that make sense??
Yes, and yes.
A new DLA claim form does not have to be completed (reg 4(1) of the Claims and Payments Regs). The Department will treat receipt of the DS1500 as a new claim (which it is – you can only supersede an existing award) and has used its discretion and common sense to use the information from the initial claim form for the purpose. The tribunal will be looking at a closed period award from the date of the initial claim until the day before the award on the second claim.
Thanks Nevip
By closed claim, does this mean the Tribunal could make a decision that the client was entitled to a lower award from when he first made his claim up to the date of the new decision and this will not affect the new decision?
Sorry, does that make sense??
Yes, and yes.
Thank you!