timing of DLA renewal & application to HO for extension of leave

Hi Not sure whether this is the right forum for this.

I don’t know when my client should send his DLA renewal forms.

His DLA expires same day as 5 year leave under humanitarian protection, which wil be in mid September.  DLA renewal forms have arrived now.  As far as I know, client can only make application for ILR within the last month before expiry of his current leave – client will check this with immigration lawyer.

If he sends DLA off now and DCS refuse on immigration grounds before he has made the HO application, would he have any problems because of ‘circumstances pertaining at the time of the decision appealed against’? 
(A decision to refuse him DLA on immigration grounds would presumably be the correct decision until and unless he has made his application for ILR, and I am worried that he would have to make another claim after that, instead of just asking for reconsideration.  In a worst case scenario, where he does not get the 2nd form in before current DLA award expires, there will be a gap that cannot be covered by backdating.)

On the other hand, if he waits and does not send his form until he has made the HO application, the award will have expired before the renewal DLA decision is made and he will have a gap period with reduced benefits (although he should get backdating as long as he gets form in before DLA expires).

I had a similar case recently and DLA asked for written confirmation that the leave had been applied for from a solicitor. This was provided and payment of DLA continued no with no problems.