DLA : Client confused benefits. Backdate??

Hi guys and gals - another question here.

I have a client who was being migrated from IB -> ESA coincidentally at about the time his DLA award was up for renewal. Client has mental health issues and can struggle with his own affairs a lot of the time.

He was called by Atos Medical services to say that following medical evidence they deemed him unfit for work, and didnt need to attend a medical.
Yes - youve guessed it - He thought it was to do with his DLA so he didnt bother completing renewal form.
2 months down the line he noticed his DLA had stopped when he got a letter saying he was overdrawn.

He wants his DLA reinstated and backdated and also wishes to appeal. I told him that its not the DWPs fault that he got mixed up and didnt return form so no basis for appeal. I advised a new claim but he is still insisting on a backdate from when his DLA stopped 10 weeks ago. I told him this was unlikely but he is quite adamant as he reckons a “friend” of his got a backdate under the same circumstances

Is there any provision for this, or will he just have to put it down to experience?

There is no provision for backdating a DLA claim [ss.76(1) SS Contributions and Benefits Act 1992]prior to the date on which the claim is made or treated as made.  There were provisions in DLA regs for backdating where the renewal form was returned within 6mths of the renewal date, but these were revoked in Oct 1997.  Therefore it looks like he will have to put it down to experience.

As DWP do not appear to be at fault for the non-return of the form he cannot try compensation either..

Thanks Domino. I will inform my client of the 1997 Thang!