IS entitlement due to SDP and backdating

Afternoon…....any help on this would be greatly appreciated!

I have a client who I assisted with a claim for DLA due to a deterioration in his health. At time of our initial meeting he was only iro IB and had no entitlement to IS.

DLA was awarded at HR Care (I was assuming only LR C and LR M would be awarded and was quite suprised at actual award but hey!!!)

Anyway, due to HR C award cl would be able to claim IS due to SDP.

We submitted a claim for IS and asked that it be backdated to date of DLA award which was 05.05.10. Cl was only notified of award In October 2010.

IS are refusing to backdate stating backdating request does not fall within the relevant legislation etc.

Is there anything we can do?

IS just want to pay from DOC which is 15th October!

Cheers x

It depends on if the claimant applied for IS at the time but was turned down. 

If the claimant didn’t apply for IS at the time then DWP is correct UNLESS the claimant was misadvised by an officer of the DWP a CAB advisor, etc and then you would have grounds for appealing the decision not to backdate.

check out cpag 1000-1003.

Hope this helps.

Cheers, will look into that.

But only for three months. And while the DWP adviser may have orally misled the client, a CAB (or similar) adviser must have done so in writing.