DLA CC when awarded HRM

My client has an award of DLA of HRM for an indefinite period and he had an award of MRC for two years, which was awarded by a tribunal however, the MRC ended as of 08-02-10. Client didn’t realise this and states he was sent no reminders or claim pack either prior to or at that time.

My question is this. If we put a new claim to ask for MRC could this not put the HRM at risk? It would not seem that it would be appropriate to seek a supersession of the claim as he not got worse he just did not renew his care component award.

It may seem a daft question but my brain is not yet at full power.

I would request a supersession pack and just complete the care part because thats what you wish to claim in addition to the current award. If the clients care needs have not changed since the award ended I would make a point of this on the claim form and advise a renewal form was not received and can any award be considered for backdating-its worth a go. There is always a risk the the full award at any point, so even if they had sent the renewal form out the whole award would be looked at again. Just need to make sure the medical evidence and client’s statement still supports the mobility component.

In my experience when a person has a fixed award of one component and an indefinite award of the other when the fixed award is due to expire the Department sends out a form relating only to the component due to expire.  I would ask for a revision of the decision to terminate the award of the care component on grounds of official error (the failure to issue the renewal form).

Thanks for both replies.

Client now says he has lot’s of mail and will bring it to me so maybe it is among those fingers crossed it is not the usual Tesco bag full of unopened mail!

Oh and in the meantime I have had to tell the client that his pension credit including the severe disability addition should not as things stand be paid. He is not a happy man.