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Forum Home  →  Discussion  →  Disability benefits  →  Thread

DLA stopped following non receipt of form

benefitsadviser
forum member

Sunderland West Advice Project

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Total Posts: 1003

Joined: 22 June 2010

Client sent renewal form for DLA December 21. DWP state they didn’t receive it, and benefit stopped.
Refusing to consider a new form or backdate, simply saying she didn’t send it, and a new claim has to be made for her child…..
She wants to appeal as she doesn’t want to lose 5 months DLA. She also wants to complain.

Any suggestions how we can recover this? I can ask for MR and appeal, however could take a while to sort
Thinking of an MR/Appeal + a new claim ?

also, who can i escalate this with?

thanks

 

[ Edited: 15 Jun 2022 at 12:18 pm by benefitsadviser ]
Michele_J
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Brighton Housing Trust

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Total Posts: 35

Joined: 19 May 2015

Hello,

What happened to your case? I have just posted a problem with end of DLA (this time for an adult) because no forms received at end of DLA, so no notification from DWP (end date of award was 10 Dec 2020 though!). When called, the DWP said he needed to make a new AA application (which in any case should have been done)  but lost benefit in the gap (several months).
Any resolution for you about the gap / loss of benefits?
My problem is more complicated because the claimant only came to me yesterday (3/8/2022!) with a new award for AA on the 29st of July 2021 (!!) so the gap is back between 10/12/2020 and 29/7/2022. In your case, the application was sent (not in mine). There is something that may help for you - found info from CPAG which stated that a supersession request after the award has ended (with reasons for this delay) could be made to try to ensure that the award is continuous. There were some references to Regs 7(2) and 8 1999 D&A Regs; Regs 35, 36 and Sch 1 para 15 2013 D&A Regs and also case law CDLA 227 2011.
Like for you (although I only posted my query yesterday on this discussion board) I have had no reply.