DLA renewal submitted in time but on wrong form

I saw a client a couple of days ago whose current award of DLA is due to expire next week.  She had some acute mental health problems most of this year and was in hospital and in prison.  She had requested a supersession between two hospital visits and had been sent forms for that purpose twice, but never got round to completing them.  DCS say they also sent renewal forms, which client denies receiving.  Client apparently requested a 3rd set of supersession forms and a renewal form about 3 weeks ago, after she was released from custody on bail, but they have not arrived.

I phoned DCS when I saw the client and asked them for suggestions how to get in a valid renewal claim before end of current award. They did not know what if anything could b e done, apart from sending another renewal form, so I suggested completing one of the review forms (which she still had), with a covering letter asking them to treat this as a renewal claim.

Does anyone have any ideas what else I could do to make sure the form we sent is treated as renewal?

The renewal form is essentially the same form as a supersession form. In the past where all I had was a new claim form, I wrote “renewal” in big writing at the top and added a covering letter. If it’s late, it’s trickier, but I’d be inclined to do it anyway.

The questions were the same - cannot think of any additional questions on a new claim form (apart from maybe Qs regarding residence).  So did your claims on the wrong form get accepted then, Edward?  It should get there on time, client’s support worker was trying to get them some money for Next Day Delivery.

I remember a colleague having problems, but I think that was in relation to a new claim form submitted after the PIP change over date (when they had lost the original DLA claim form with the date stamp, but still had the letter that came with it).

Surely there is enough wriggle-room in reg.4 of the C&P regs to permit whichever form you have being accepted as the renewal form? Reg.13C which allows for renewals simply states that someone can make a claim during the 6 months before the existing award expires and reg.4(1) allows that every claim shall be made in writing on a form approved by the SoS for the purpose of the benefit for which the claim is being made.

Either form you refer to is for the purpose of DLA, hence whichever should meet the appropriate criteria. Or I am missing the point and you’re worried that they will treat it as a supersession request instead?

I’ve yet to have a claim form not accepted as a renewal. After all, there’s nothing in the regulations stipulating the format of the claim or renewal.

She should be ok then.  What I was worried about was the DCS rejecting the renewal claim and then telling her she needs to claim PIP, similar to my colleague’s case.