Terms & Conditions

[Andy Thurman]

Hi all,

Any DLA experts out there?

I’m looking at a tricky and sensitive case where (perhaps not unsurprisingly) a “harsh” DLA decision has been made that has a significant financial impact due to the presence of non-dependant( s ).

(It’s compounded by an LA error including the non-awarded DLA in the assessment but leaving that to one side for now!)

The claimant had a stroke in mid-2009 – it seems pretty evident from the few facts we are aware of (and consistent with the widely known effects), that there was a significant initial level of disability and that DLA surely should have been awarded.

In a recent letter from the claimant she has told us that “she was told she could appeal but didn’t have the strength”.

I’m considering a formal approach from the LA to DWP asking them to see if the DLA decision was made in error – do DLA rules conatin a similar “anytime” revision to correct mistakes? (I would assume so but don’t know.) Anyone done similar?

(While the claimant can be protected from much of the impact, some of the potential HB overpayment would not be LA error.)

[Anonymous]

Right, if you thought the HB&CTB D&A Regs were complicated cop a load of the 1999 Regs:

http://www.dwp.gov.uk/docs/a1-6011.pdf

These are the equivalent of the 2001 Regs for DWP benefits, and because there are many more DWP benefits, many with their own special revision and supersession rules, it is quite a thick volume. But most of the general revision and supersession rules are broadly the same as in HB and CTB. In particular, Reg 3(5)(a) allows an any time revision on the official error ground.

[Andy Thurman]

Thanks Peter – we’re going to give it a go but prospect of success viewed as slim!

[Author]

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