Claiming DLA for almost 16 year old

Hi All,

I’m really just looking to see if anyone has experience of my situation - I’m aware that the way forward is to challenge the decision but am looking for thoughts.  (I’m also hoping any DWP bods who look at these forums see what actually happens ‘on the ground’.)

A couple of months ago I assisted the parent of a 15 year old to make an application for child DLA.  Between the start of the claim (requesting the form) and the in-time return of the form the child turned 16.  The child’s parent has just contacted me to advise that they have had the application form returned to them along with a note saying they should make an application for PIP.

Is this a usual occurrence?  I had hoped for a short DLA award while being aware that we might almost immediately be ‘invited’ to claim PIP. 

Mairi

Quite a tricky one. The initial call to DLA (c.f. PIP) doesn’t constitute making a claim - so the claim is only made when the paper claim pack is received. The regs (Reg 6(8) C&P Regs) then provide that where the claim pack is received within six weeks of the phonecall, the date of the phonecall is deemed to be the date of claim. The PIP (TP) Regs then say you are not allowed to make a claim for DLA unless you are under 16.

In your case, if you look at the actual date of claim, this was after the 16th birthday so it wasn’t a valid claim - but is it then still possible to use the deeming provision to put the date of claim back and save the claim? Probably something that can be argued either way.

I would think that if people encounter similar situations, where somebody is fast approaching 16 but wants to claim DLA, it would probably be wisest to put in a paper claim form and avoid the issue.

The DMG says at 61618:
‘The DM can award either component for a fixed period or for an indefinite period. The minimum period is six months.’
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/658374/dmgch61.pdf
Maybe this is why it was turned down. I’m not aware of the legislative basis for this though, presumably something to do with the propective period?

Thanks for the replies.  I’m not convinced that a proper decision was made at all - it’s my understanding that the original paperwork was returned with a compliment slip type note.  I’m having a proper conversation with the parent later this week about it.

Seems particularly harsh as if we had phoned PIP at the time we phoned DLA they’d likely have told us they couldn’t take a claim as the young person was under 16.

Mairi

Mairi - 06 July 2021 11:36 PM

Thanks for the replies.  I’m not convinced that a proper decision was made at all

Yes I think this is because they are saying it was not ever a valid claim at all, so there was nothing to make a decision about.

I recently had a different outcome with a DLA claim registered by telephone about a week before the young person’s sixteenth birthday. The date-stamped claim pack was returned and completed within time limits but after the sixteenth birthday, and the claim was accepted and acknowledged (decision still pending though).

I think that Reg 6(8) of the SS C&P Regs8) is clear cut in saying that in these circumstances the date of claim is the date on which the claim form was requested, and that’s the interpretation in CPAG at pg 616.

https://www.legislation.gov.uk/uksi/1987/1968/regulation/6

“where–

(a) a request is received in an appropriate office for a claim form for disability living allowance or attendance allowance; and

(b) in response to the request a claim form for disability living allowance or attendance allowance is issued from an appropriate office; and

(c) within the time specified the claim form properly completed is received in an appropriate office,

the date on which the claim is made shall be the date on which the request was received in the appropriate office. “

See also Decision Maker’s Guide para 02245

In the original poster’s case, I would return the form to DWP with a letter referring to this rule.

Also, the claimant is in Scotland so DLA entitlement won’t end until they reach 18

I would send it back, insist they process the validly made claim and complain at the same time