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Indefinite period – how long?
Can anyone tell me - if someone was awarded the mobility component at the highest rate in May 2011 and it was awarded for an indefinite period, can the DBC send out a renewal form which has to be completed by December 2012?
The mobility component was also awarded based on a report completed following a home visit from one of their own doctor’s visits as well!
I am sure that there were regulations regarding how long an indefinite period should be but can not find anything? Anyone have any ideas?
Can anyone tell me - if someone was awarded the mobility component at the highest rate in May 2011 and it was awarded for an indefinite period, can the DBC send out a renewal form which has to be completed by December 2012?
The mobility component was also awarded based on a report completed following a home visit from one of their own doctor’s visits as well!
I am sure that there were regulations regarding how long an indefinite period should be but can not find anything? Anyone have any ideas?
The DWP can look at awards periodically at its own discretion without receiving further information in connection with that award as long as it abides by common law rules of fairness. However, it cannot change the awarding deicision without making out a ground for supersession in accordance with the D&A Regs.
The DWP can look at awards periodically at its own discretion without receiving further information in connection with that award as long as it abides by common law rules of fairness. However, it cannot change the awarding deicision without making out a ground for supersession in accordance with the D&A Regs.
Thanks Nevip – So grounds for a supersession would be that there is a change in the clients mobility needs, however there is no change. The thing is what with all the bad decisions lately I have a feeling the client may have the mobility taken away.
I just think that it’s really strange how they award HR mobility for an infinite period just over a year ago and now want to reassess??
That seems ridiculously quick. Sounds like someone has been on the phone to them.
That seems ridiculously quick. Sounds like someone has been on the phone to them.
Hummm, thats what i thought!
I was going to say that too but thought it sounded a bit cynical :)
Pretty typical behaviour. And reprehensible. How many ESA/DLA clients who are appealing start slagging off other claimants and say “Take their money off them as theres nowt wrong with them, Its ME who deserves me benefits”
Could it be that the decision notified to your client was not the same as that recorded on the IT system? It’s not unknown for indefinite awards to be recorded as fixed term thus generating renewal forms in due course or fixed term as indefinite which is only picked up years later. I understand this can occur when the wrong decision code is entered on the system.