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Communication between DLA and CA offices?
Client has DLA stopped. Wife’s CA is also stopped.
DLA is restored on MR. CA however insist on sending out a new claim form; CA claimant accidentally puts October instead of date benefit stopped as the date for CA claim to (re) start.
CA insist they will only pay from October or another claim form will be needed and there will be a 6-10 week delay. They tell claimant that they do not speak to the DLA office. They admit they can see the revised DLA decision on their computers but refuse to put CA back in to payment without a claim.
Client speaks to DLA office and is told that this is not right. CA insist it is.
Can this really be so??? I can’t see there needed to be a new claim at all. And as for parts of DWP literally not talking to one another - ?
See p.545 WBH 2014/15 for backdating info. This says that a new CA claim would have been required, due to DLA ceasing, but that provided the CA claim was made within 3 months of the decision to reaward DLA, then backdating for more than 3 months to the date that the award starts again should be possible.
My reading of reg.6 (16-22) and (33), (34) C&P Regs 1987 is that the fact of making the new CA claim within the 3 months of the decision to award DLA is that the CA claim “shall be treated” as being made from the first day of the benefit week when DLA became payable. That is, this isn’t a decision that requires a request for backdating as such, and the DWP should reinstate CA from the appropriate date.
Think you’re going to need to bung in an MR and see what happens.
My patience is nearly at an end; clients have been told it must be done today or they will be ‘out of time’ and they are panicking. I regard this advice as rubbish, but they are still panicking.
I have just filled in an online claim on gov.uk: the website crashed ‘unrecoverable error’ at the very end. 20 minutes of my time wasted.
I simply can’t see why a claim is needed - DLA was stopped in error, on the basis of a malicious report and a fatuous Atos report. DLA has been put back in to payment from the date of the dud decision: surely CA can simply revise their own decision without the need for a new claim?
I have just had a similar experience. Claimed AA for client’s partner from 14/08/2014. Submitted protective CA claim at same time. CA refused 21/08/2014 on basis of no qualifying benefit. AA awarded 15/10/2014 (payable from 14/08), so request for revision of CA refusal submitted. Client has now received letter dated 21/10/2014 stating must reclaim CA (on form DS1384) before decision can be made.
I rang the CA unit and although they didn’t say so in so many words, the gist of the conversation implies that this is a new procedure intended to reduce backdating, as the reclaim can only be backdated 3 months.
A response to the potential for CA backdating going back months (or years) given delay to PIP claims? Thoughts anyone?
Surely if the CA claimant was getting CA before DLA stopped and CA stopped for this reason, you can challenge the decision to cancel CA as a qualifying benefit was in payment when DWP decided to cancel the claim.
Andrew’s case requires one claim only. That’s been done. The fact that the claimant put the wrong date on the form is neither here nor there. The DWP must simply implement reg 6 of the C&P Regs and make a decision on the claim. If they don’t backdate fully then that will be overturned on review or appeal. I’ve had this sort of nonsense (only 3 months backdating) before and only one went to appeal but that was when there was a gap between the 2 DLA awards. Appeal won easily.
Ben’s case requires two claims, the protective one and thee one done after the award of the qualifying benefit. Again, full backdating to the date that the qb takes effect. No ifs and no buts.
And there is nothing new about it at all. They can’t even get the right reasons for being wrong or the right reasons for being right.
Ben’s case requires two claims, the protective one and thee one done after the award of the qualifying benefit. Again, full backdating to the date that the qb takes effect. No ifs and no buts.
I don’t think it does require two claims. The rule for CA is more generous than for IS/JSA/PC ‘qualifying benefit’ backdated claims. All that is required for CA is that a claim is made within 3 months of the date of the decision awarding the disability benefit (and that the conditions of entitlement were met throughout the backdating period). This is set out in Reg 6(33) of the 1987 C&P Regs:
‘(33) Subject to paragraph (34), where a person makes a claim for a carer’s allowance [or a dependant’s addition…] within 3 months of a decision made–
(a) on a claim;
(b) on revision or supersession; or
(c) on appeal whether by the First-tier Tribunal, the Upper Tribunal; or the court,
awarding a qualifying benefit to the disabled person, the date of claim shall be
treated as the first day of the benefit week in which the award of the qualifying benefit
became payable.’
Sub para (34) is about renewal claims, so not relevant here.
Jon
[Edited for spelling, as ever]
[ Edited: 28 Oct 2014 at 07:11 pm by Jon Shaw ](and that the conditions of entitlement were met throughout the backdating period).
Having spoken to the Carers Allowance Unit about a similar case recently, I know that their starting position to be that they cannot award CA back before the date of claim on the form as they could not confirm that the claimant met all the other rules of entitlement before that date. I.E. that they had no statement from the claimant that they were not working full time/ not a student / were caring 35hrs a week etc during the period before the date the claimant indicated they wanted the claim to start from. For all the reasons others have stated above I can’t see why that has to be on a claim form, it could be in a letter.
Ben’s case requires two claims, the protective one and thee one done after the award of the qualifying benefit. Again, full backdating to the date that the qb takes effect. No ifs and no buts.
I don’t think it does require two claims. The rule for CA is more generous than for IS/JSA/PC ‘qualifying benefit’ backdated claims. All that is required for CA is that a claim is made within 3 months of the date of the decision awarding the disability benefit (and that the conditions of entitlement were met throughout the backdating period). This is set out in Reg 6(33) of the 1987 C&P Regs:
‘(33) Subject to paragraph (34), where a person makes a claim for a carer’s allowance [or a dependant’s addition…] within 3 months of a decision made–
(a) on a claim;
(b) on revision or supersession; or
(c) on appeal whether by the First-tier Tribunal, the Upper Tribunal; or the court,
awarding a qualifying benefit to the disabled person, the date of claim shall be
treated as the first day of the benefit week in which the award of the qualifying benefit
became payable.’Sub para (34) is about renewal claims, so not relevant here.
Jon
[Edited for spelling, as ever]
Had overlooked that paragraph Jon. Many thanks.