× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Disability benefits  →  Thread

entitlement to DLA ‘revoked’

Peter Turville
forum member

Welfare rights worker - Oxford Community Work Agency

Send message

Total Posts: 1659

Joined: 18 June 2010

Its Friday pm so sharing this just to show that DWP can still entertain ......

Client referred to us by tribunal judge when adjourning hearing.

clnt had award of DLA at HRMC & MRcc made a few years ago based on EMP and GP reports and significant add. med ev. After a period client starts work and is subject to an investigated inc. IUC.

Decision made to ‘revoke’ DLA from date started work with reasoning - ‘duties performed at work are clearly incompatible with someone receiving HRMC and MRCC’ - Yes, that old ‘ackneyed phrase still being used. The SSWP submits to tribunal “that he has provided robust evidence and grounds for revoking [claimants] entitlement”.

Award has been ‘revoked’ (actually superceded - a term not used anywhere in submission) under D&A Reg. 7(2)(c)(ii) - the provision that is basically the same as ‘failure to disclose’ under SSAA s71 etc.

Now do you think the SSWP has addressed any of the statutory provisions, case law and steps required under D&A Regs, DLA Regs, SSAA and C&P Regs regarding ‘failure to disclose’ etc? If it weren’t for the amount of redaction required I would attach the whole of the sub for your entertainment!

We are reminded of Judge Wrights comments in CTC/3045/2014 - if DWP were an educational establishment it would now be in special measures.

Will they ever learn?

[ Edited: 26 Jun 2015 at 03:36 pm by shawn mach ]
Grunkle
forum member

Welfare Rights Advice,Torfaen People's Centre Ltd

Send message

Total Posts: 50

Joined: 6 April 2011

Kind of makes you glad all over - shocked to hear that U/C staff looking to go on strike to.