Backdating of DLA claim where renewal form has mysteriously vanished…......

Advice needed please!

Client with Learning Disability residing in supported accommodation reliant on support worker to help with forms/letters etc - support staff unfortunately did not keep a record of when renewal form was returned, no copy either and we got a referral several months later when it became apparent DLA never renewed.

DWP decline to backdate althought they have now accepted new claim (and increased care from LRC to MRC in recognition of client profound vulnerability). Would appreciate your advice on best way to try and challenge refusal to back-date given that client reliant on Third Party support to access benefits.

Any thoughts?

Only redress is to sue support provider providing you can show that provider had a duty of care and can show negligence.

I have an ongoing CA appeal regarding backdating when form went missing after being posted.  See http://www.rightsnet.org.uk/forums/viewthread/2111/. 

I quoted the Interpretations Act (after Tony suggested it as a possibility) and included a copy of the entry in our ‘post-out’ book as proof and a copy of the IA itself.  The argument was rejected out of hand in reconsideration by decision-maker. 

This riled me, so I wrote a very sharp letter to Tribunals Service stating that we would like an explanation as to why our argument was rejected so flippantly.  I quoted the Tribunal Procedure Rules 2008 claiming that DWP have obligation to avoid unnecessary formality and delay.  A judge decided that the appeal should be forwarded to an oral hearing and presenting officer has been directed to turn up along with ‘the appelant’s representative’. 

The hearing isn’t until June so I’ve got a couple of months to get in training ready for the duel!

I’ll update you afterwards as to how the IA goes down.