DLA Change of Circumstance. How soon to report?

Is there a time limit to report a hospital admission for DLA? Just had a client on the phone very upset because he has reported a change of circumstance of his wife going into hospital on the third week of her admission 21st day, so before 28 days (there are no previous linking days to take it over the 28) I saw him the other week and he asked about reporting it in the first week, but was unsure if his wife was actually going to stay in beyond the 28 days and believed she would be coming home after 21.

In the past this couple have had loads of trouble getting DLA back in payment after a stay in hospital. Previously DWP wouldn’t accept a phone call from client or a letter from myself as proof, they insisted on a discharge letter from hospital! This time I suggested to wait until the discharge meeting to avoid the trouble they experienced previously but to let DLA know before the 28th day of the admission, suggesting third week as this is where it was going to be decided on length of stay. Anyway, he reported today, third week, and has been given/threatened with a penalty fine for a late report in change of circumstance! Client not sure he is getting a penalty or was just threatened with one. Obviously if he gets one I’ll be challenging.  If he’s not getting a penalty I don’t even like the fact that it he was threatened at all.  This can’t be right, can it?

hardly, since it’s a 28 day limit….. if wife had come out on day 22 would there have been any need to report?

I think your advice was correct.

Even the .gov website specifically says that its a change of circs that you have to inform of when “you go into hospital or a care home for more than 4 weeks” https://www.gov.uk/dla-disability-living-allowance-benefit/how-to-claim

Thanks, you two, for reaffirming. It was just one of those moments where you worry you may have actually woken up in a parallel universe where common sense no longer exists.

Sharon M - 25 May 2016 08:11 AM

Thanks, you two, for reaffirming. It was just one of those moments where you worry you may have actually woken up in a parallel universe where common sense no longer exists.

That’s been happening to me since 2010.

I’d consider making a complaint about this case if I was you. Reg.32 of the Claims and Payments Regs requires notification as soon as is reasonably practicable about a change which might affect entitlement. As noted, they didn’t know how long she was going to be in hospital - when she got to 21 days and payment could have been affected, they properly notified the imminent change. I think it’s disgraceful for an employee of DWP to be threatening someone who has acted entirely appropriately and within the law, but unfortunately this seems to be becoming an endemic feature of DWP’s derisory attempts at “customer service”.