Did not return DLA application form on time
ltcinter
Posts: 45 Forumite
Hi,
I was sent a DLA application package that had to be returned by June 20, but due to circumstances I have not yet completed and returned it.
Does anyone know what will happen when I do return it later this week? For example, will they still treat it as DLA or will they treat it as PIP?
Or could they maybe refuse to process it and just tell me to apply for PIP?
I was sent a DLA application package that had to be returned by June 20, but due to circumstances I have not yet completed and returned it.
Does anyone know what will happen when I do return it later this week? For example, will they still treat it as DLA or will they treat it as PIP?
Or could they maybe refuse to process it and just tell me to apply for PIP?
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Comments
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Unfortunately I do not think the DWP will not be able to process the DLA claim and so will either 'invite' you to claim PIP by telephoning the PIP-line or just sending you a letter saying 'no DLA'.
You may want to read up on PIP in readiness: http://www.disabilityrightsuk.org/personal-independence-payment-pip0 -
I did a little more searching and found this from "Action for ME". Although, I don't know if the introduction of PIP affects this.
If you have requested the form from the Disability and Carers Centre (who are part of the Department for Work and Pensions) it should be date stamped.
If you get it back within the time frame the claim will be paid from the date that you requested it on if the claim is successful.
You can return the form after this date and the form will still be processed but usually will then only be paid from the date it is received.
If you have a reason for returning it late you can request it is backdated but this will be decided by the Disability and Carers Centre.0 -
I did a little more searching and found this from "Action for ME". Although, I don't know if the introduction of PIP affects this.
It does.
You cannot apply for DLA since June 10.
If you had a previously dated form - then you could have submitted that - and it would have applied.
Returning the form late now, if they do not agree that you had good cause to do so - and to backdate to the forms original date - cannot cause a fresh claim of DLA as of the date the form is received.
(I am not sure if it's possible for them to backdate to the original date on the form (May 20 or whenever)).
If they can't - or won't backdate - the form may be treated as a claim for PIP, or if they don't have enough information - may be treated as a claim from the date they receive the form, and you be required to apply for PIP - which is backdated to when they get the form.
Take a copy of the form, send it by some tracked means, and enclose a letter explaining why it's late.0 -
Thanks Roger.
I am sorry, but I don't follow this part.
If you had a previously dated form - then you could have submitted that - and it would have applied.
The form I refer to is dated May 9 - June 20.
Do you mean if the form had been stamped April 28 - June 9 it would have applied?
The reason that the form was not returned in time was due to the claimant's mental health problems deteriorating to the extent that they had a "paralysis of the will" which rendered them unable to contemplate discussing their problems or being able to write about them. It is only now that it has come to the attention of others that the claim form was under a bed half-completed.0 -
Thanks Roger.
I am sorry, but I don't follow this part.
If you had a previously dated form - then you could have submitted that - and it would have applied.
The form I refer to is dated May 9 - June 20.
Do you mean if the form had been stamped April 28 - June 9 it would have applied?.
Not quite.
The deadline for normal applications - you ring up and ask for a form - was June 10.
However - if you had a form that was applied for on May 9, if its 'you must return this form' date was past the deadline of June 10 - that doesn't matter and it will be processed for DLA as normal, even if returned on June 20.
(As long as it was returned in time).
This is simply because the important date is when the form was requested - which was before the deadline - not when it was filled in.
In your case there are a couple of problems - firstly, the form is very late - and you would normally have to show very compelling good cause in any case to get backdating that far.
Secondly - I'm not sure - especially with PIP intervening - that it is legally possible to backdate an award that far, even if they chose to.
It is likely a DLA award will not succeed - however it is very worth it to give it a try.
The worst that can happen is that it will be treated as an award of PIP.
It is probably worth appealing the initial decision to refuse DLA backdating (assuming...) unless it's a legal impossibility for them to do so.0 -
Thanks again Roger,
The worst that can happen is that it will be treated as an award of PIP.
This is the problem. As I see it, the descriptors for PIP are different from the questions in a DLA form. It seems unfair that a DLA application form returned late for what I believe are sound reasons, could be somehow used to refuse PIP without all the PIP descriptors being directly addressed on the DLA form.
If this were the case, then perhaps it would be better to apply for a PIP application form and submit that while the DLA claim is being decided on.
Also the DLA office sent out two DLA application forms back in May, the second one arriving a week after the first. Don't know if this is of any relevance, but it only helped to confuse the situation.0 -
Thanks again Roger,
The worst that can happen is that it will be treated as an award of PIP.
This is the problem. As I see it, the descriptors for PIP are different from the questions in a DLA form.
If they cannot properly decide on the basis of the information on the form, more information should be sought.
To not do so would be an appealable decision.0 -
A quick update.
The DLA claim form was finally sent on the 20 September with a cover note explaining the reasons for delay.
Yesterday a PIP claim form arrived. No mention of the DLA claim or reference to any decision being made regarding good cause not being accepted.
Is it possible to appeal the decision not to grant good cause?0 -
No my understanding is you will have to apply for pip. The only difference was in respect of dla for children. I suggest you get some help with filling in the pip form as its designed to confuse and limit eligibility.0
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Having supplied a cover note explaining the reasons for the late DLA claim, I expected a response from the DM.
As far as I can tell, a DM decided that their was enough available evidence to make the decision that good cause was not shown.
But why not inform me of this decision or any other relevant information as to why a PIP claim form was sent out?0
This discussion has been closed.
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