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New (?!) DLA claim made this year
Hi guys, bit pf a weird one (or maybe it is common I don’t know)
I have a client who was on DLA. This stopped in 2016 as she went into hospital. Then she never told them when she got out of hospital (she claims she tried to call them several times but couldn’t get through then I guess just left it) so the DLA was never re-instated when she got out of hospital.
She got a letter in July this year from the DWP advising that they were aware her DLA stopped on 03/06/16 due to the above but that they were re-instating it from 12/05/21.
Client wishes to dispute the fact that she didn’t get any backdated money. I’m aware its out the time limit but 13 month time limit for late MR could be used. (the letter she received stated that she could do an MR if she disagreed with the decision as well)
My question is - is it worth dong a late MR? I guess I could get her to obtain the discharge notice from her GP medical record but they already accept when and how she got out of hospital. Why didn’t they just make her apply for PIP instead? Are there any rules and regs stopping me from doing a late MR? Or even supporting a late MR?
I don’t really know what kicked off the reinstatement of the DLA to be honest, she couldn’t tell me. I haven’t seen the letters, only talked to the client on the phone and it was quite difficult to get all of the above information out of her as she seemed confused. She seemed to think that she didn’t have an assessment. Maybe I will need to try and get this information out of her before being able to do anything?
Any help/advice is greatly appreciated.
When people are admitted a form is issued to the hospital. I’ll bet someone found that down the back of the proverbial drawer and sent it back.
Benefit is payable from the day of discharge. This isn’t a revision/supersession situation where time limits apply on notification; it’s simply payability. Ring the helpline and prepare to kick up a stink; stay away from language like “reconsideration” or “appeal” but lean on them and tell them to escalate it.
When people are admitted a form is issued to the hospital. I’ll bet someone found that down the back of the proverbial drawer and sent it back.
Benefit is payable from the day of discharge. This isn’t a revision/supersession situation where time limits apply on notification; it’s simply payability. Ring the helpline and prepare to kick up a stink; stay away from language like “reconsideration” or “appeal” but lean on them and tell them to escalate it.
Thank you so much for the advice. And Merry Christmas!
Yes, it doesn’t count as a ‘new’ claim, it’s the re-awakening of an existing but suspended (because of hospitalisation) claim.
A number of years ago I had a similar case where DWP didn’t backdate to the date my client left hospital because they hadn’t been notified of it within a month of leaving hospital. We appealed the decision and took it to tribunal and won. It wasn’t as long a period as your case by the sounds of it but the principle is the same.
Good luck. Hopefully no appeal will be required.