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Backdated IIDB
I’m looking for advice on the best way to approach this.
Client was awarded Industrial Injuries in 1985 following an accident at work. It was awarded for life but never paid. During the course of an ESA assessment in 2015, the HCP noted the benefit. He then got a phone call from IIDB to say that the benefit should have been in payment from 1985 and it would be backdated. The day after, he got another phone call from a supervisor who told him that the benefit would be paid henceforth but would not be backdated. The benefit was put into payment but no letter was issued.
He currently gets ESA-IR so the IIDB is taken off his benefit anyway. However, he should have been entitled to it when receiving previous non-means-tested benefits.
So, do I need to ask for an anytime revision of the original decision; or the decision in 2015 to put it into payment; or simply lodge a complaint that he hasn’t received the benefit he was entitled to?
2 and 3 I would say.
A complaint about non-payment of benefit under an extant awarding decision certainly seems appropriate, but 2 would cover the possibility that the 1985 decision has been revised in 2015, with a decision notice still outstanding. As soon as a written decision is issued, an in-time application for revision can be made during the following month.
But I suspect that 2 is not actually what has happened - there hasn’t been any conscious decision, DWP has just attempted an administrative compromise that was quick and easy for them in the hope that the claimant will be content with it.
Thank you very much for the reply and hopefully I can get it sorted for them.