DLA and minimum award period

I have a client who made a DLA claim on 13 January 2012 and it was refused so he lodged an appeal - the appeal hearing is next month.

Without seeking any advice, he made a 2nd DLA claim on 18 June 2012. This was also refused and he lodged an appeal but has not yet got the appeal papers.

The Decion-Makers Guide states that the minimum award for DLA is 6 months - so it would appear to me that the hearing next month will not be able to make any award at all, as they only have a 5 month period to consider?

However, the DM does not seem to have picked up on this in his submission other than to say “if an award is made the tribunal should restrict the award to 17/06/12”.

I cannot see how any award can be made though .... I am missing something?

Tony Bowman - 22 November 2012 01:30 PM

in theory at least, the tribunal can deal with both appeals and the whole entitlement.

In practice the DLA office are unlikely to get a sub to the tribunal service in time. 
However, the tribunal next month could adjourn to get both appeals listed together.

If they dont do this there is nothing to stop them making an award for 5 months, whatever it says in the DM guide.

here’s a link to R(DLA)11/02 -

http://www.osscsc.gov.uk/Aspx/view.aspx?id=124

holds that 1. section 72(2)(b) of the Social Security Contributions and Benefits Act 1992 does not in its terms limit the period of award which can be made; 2. rather, it only imposes a requirement that it must be likely that one of the conditions of entitlement set out in section 72(1) will be satisfied for a further six months - if a claimant’s disablement is likely to last for longer it is irrelevant that part of that period is covered by a later award.

that does sound as though it could assist you TD - could argue that tribunal can make award up to date of second claim if satisfied that disability carried on past that point.

Thanks for all the advice guys - will get reading! I really cannot see that the DWP will get the 2nd submission ready in time for the hearing and suspect the tribunal may wish to adjourn - which proably would be the best option all round.