LSC Audit and DLA Claim Forms

We have recently been audited by the LSC and a number of files have been recommended to be voided as they do not cover a ‘point of law’.

A majority of these files were fresh DLA claim application forms. The LSC state we have breached SCC 2010 10.78 and refers to Point of Principle 51.

The Civil Specification for Legal Help states that:
“Legal Help should not used to assist the Client in completing forms unless an
issue of law arises and it is important that the form is completed in the
appropriate legal terms, for example certain sections of the application form for
Disability Living Allowance.”

Our understanding of the contract is that we can complete DLA application forms under Legal Help, however we are unclear what consists as a ‘point of law’ in these situations.

Would any one with experience of the LSC audits and claiming for DLA forms have any examples of what would be regarded as a point of law to the LSC?

Also, are there any boilerplate paragraphs we can insert into our initial contact letters to cover points of law?

I was LSC Supervisor for Welfare Benefits for almost 12yrs in which time I went through 5+ audits.

I would absolutely second what Tony has said above re appealing.

In my experience it was always stated amongst other LSC benefits caseworkers on training courses that you can do DLA forms, but not IB50s (later ESA50s too). This wasnt quite right as I recall because form filling in itself was not allowed, however, if one demonstrated why there was a need, for the first few audits, even the IB50s went through. These were always backed up by a copy of the form and detailed notes on why there was a need - eg quoting that recent DWP decisions on similar cases were inadequate and often missed the point so (without actually quoting bible and verse in the form itself) it was necessary to add more detail to the claim than a client would ordinarily put in.

I also used to add “Helped to complete form using my knowledge and understanding of the law and its interpretation in this area” to my casenotes - this was on the advice of our local LSC case manager.

However, there was a definite shift in LSC interpretation in the last 3yrs and at one of my last audits I remeber we had to appeal not just the IB50s but also the DLA forms. We lost the IB50 appeals but won the DLAs.

A cynic might have said to me at the time that the change in interpretation was due to our local LSC failing its own audit…...I dont know.

Not sure how much help this is to you, other than repeating Tony’s advice.

There are some things I miss about LSC…...but silly changes of interpretation for no other reason than to try claw back money, I dont. Best of luck!

CCG forms under contract are possibly prone to more difficulty than DLA but it all boils down to what was the legal advice. Why was the involvement of legal help needed. Would the application if he was Mr big wallet spend £100 to have the form filled in. If so why. Other important considerations are case notes for the justrification, and the number of DLA in rerlation to the schedule, Seperating a DLA appliocation asa seperate matter can also cause difficulties unless its an appeal. The risks, hassle and effort are sometimes just too high

We routinely do DLA and ESA50 under LSC contract and our most recent audit (2011) was flawless. I would echo the above advice to appeal.

When doing DLA etc my focus with both clients and case notes is the legislative criteria and any relevant case law that is applicable to client, the form is dealt with as an added extra! My case notes always have full wording of s.72 and 73 and an interpretation of how client meets this and also that this is most appealed benefit….
Similar scenario with ESA.
And I always detail any vulnerability or disability of client which suggests that without specialist help they would be disadvantaged.

Training provided by Patrick Tornsey (ilegal website) on behalf of LSC confirmed the above was OK.

Hi.

Thanks for all the replies given, they have been very helpful in understanding exactly what the LSC expect for these forms, hopefully it will keep the LSC happy if we start doing what’s mentioned here.