R(DLA)4/05 and advanced claims for DLA

Does anyone have the judgment in case R(DLA)4/05 concerning Reg 13A claims and paymetns regs? It’s cited in SSWP v Bhakta [2006] ewca civ 65 and on the Disability Rights UK website along with:

“R(DLA)4/05 (CDLA/2751/2003, CDLA/3567/2003, CDLA/3725/2003) is a decision of a tribunal of commissioners, which states that tribunals can amend or disallow a decision between the date of that decision and the renewal date, such as in cases where the renewal form is returned early. See also CSA/248/2002, CDLA/3848/200, and CDLA/4708/2002.” http://www.disabilityrightsuk.org/how-we-can-help/benefits-information/law-pages/case-law-summaries/decision-making-and-appeals.

I’m particularly interested in whether Reg13A applies where a person has not yet, but is about to (in this case in about a month from the date of claim), satisfy the past presence test.

Thanks
Matt

Here you go ...

http://www.rightsnet.org.uk/briefcase/summary/Tribunal-jurisdiction-changes-in-circumstances-occurring-between-DLA-renewa

http://www.osscsc.gov.uk/aspx/view.aspx?id=1317

A claim subsists until it is decided.

You might also find it useful to read KH v SSWP [2009] UKUT 54 (AAC)  (CDLA/59/2009) available at   http://www.osscsc.gov.uk/Aspx/view.aspx?id=2661  in which I was the rep.

Very useful, indeed. Thank you, both.
Matt