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Forum Home  →  Discussion  →  Disability benefits  →  Thread

New DLA award changed from indefinite to fixed

Hugos1
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EPC Lambeth Law Centre

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Total Posts: 9

Joined: 2 June 2011

My client was awarded DLA LR mob and care indefinitely.  3 weeks later his award was changed to a fixed award up to 26/2/14 because they think treatment might change the amount of help needed.  I suppose they are allowed to do that but is it worth appealing?  It might be a moot point due to PIP, but are indefinite awards the last to be migrated to PIP? Also, could a fixed award have a negative effect on his claim for ESA?

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Joined: 16 June 2010

It won’t make any difference to his ESA claim either way.

There’s nothing to prevent client from appealing though as with any DLA appeal, he throws the whole award into the hazard if he does. I would make sure he has strong evidence to support the likelyhood of his current care/mob needs continuing indefinitely if he is going to challenge the decision.

Whether or not an indefinite award will put him at the end of the queue when the PIP migration starts I really don’t know. I would expect that indefinite award claimants will probably be the last to migrate.

Hugos1
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EPC Lambeth Law Centre

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Total Posts: 9

Joined: 2 June 2011

Thanks - I will have a good look at the evidence.  I suspect it was a last minute GP’s report that changed their minds.