DLA refusing client extension on deadline for return of DLA form. Equality Act relevant?

Hi,

Client is carer for 15 year old daughter with suspected (but not diagnosed yet) Autism. Due to combination of waiting list and annual leave I can’t see her until after DLA form deadline. I asked her to call, explain she was on a waiting list for support and get a couple of week extension.

The jokers on the DLA line refused this and said they never give extensions out to anybody.

I have had this once before with PIP and I wrote a complaint (on the advice of a poster here) putting to them their duties under the Equality Act to make adjustments for a disabled person. They immediately backed down and reopened the claim.

I am going to go ahead and send the form late anyway with a note explaining why it’s late but just wanted to check, if there are any problems and they don’t accept it would a similar tactic be worth employing here? Even though the client (the mum of the child) is not disabled, not sure if that is even relevent. Presume the child would still be covered under the act?

Hope so!

Thanks

I’m sure people here will have responses but you could also try EHRC adviser helpline - https://www.equalityhumanrights.com/en/equality-and-human-rights-helpline-advisers

But I would certainly think it’s completely unreasonable and quoting the Equality Act and reasonable adjustments at them should be enough to make them back down.

Might also be worthwhile flagging that the C&P regs, reg.6(9) give SoS discretion to extend anyway? My emphasis.

(9) In paragraphs (8) and (8A) –
“a claim form” means a form approved by the Secretary of State under regulation 4(1);
“properly completed” has the meaning assigned by regulation 4(8);
“the time specified” means 6 weeks from the date on which the request was received or such longer period as the Secretary of State may consider reasonable

Thanks Daphne, I forgot about those guys, I have even called that line previously too!

Cheers Paul, that’s very useful to have up my sleeve