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When is DLA backdated from?
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# 1
clarabell79
Old 09-07-2011, 7:47 PM
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Default When is DLA backdated from?

I won my DLA appeal yesterday and was awarded low rate mobility and low rate care. i first applied for DLA in April 2010 and my claim was rejected and an appeal has taken until now which is 16mnths in total. can anyone please tell me when the money is backdated from? is it the date of application or the date of the application was rejected? I have also been told it can only be backdated for 1 year. is this true?
Many thanks.
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# 2
no-oneknowsme
Old 09-07-2011, 8:14 PM
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The award will be back dated right back to the day you applied for DLA.

My Daughter used to receive DLA and we had to attend a tribunal to get her award as they kept turning her down.

In the end , after the tribunal , the award was back dated to the very day we applied , which was quite some time.

I have never heard about it only being back dated one year.

I dont know your circumstances but if you receive tax credits dont forget to let them know that you are now receiving DLA .
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# 3
Anubis
Old 09-07-2011, 8:21 PM
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It will be backdated from the date of the claim. No-oneknowsme is this a new rule?
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# 4
no-oneknowsme
Old 09-07-2011, 8:22 PM
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Quote:
Originally Posted by Anubis View Post
It will be backdated from the date of the claim. No-oneknowsme is this a new rule?

Is WHAT a new rule?
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# 5
clarabell79
Old 09-07-2011, 9:12 PM
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Quote:
Originally Posted by no-oneknowsme View Post
The award will be back dated right back to the day you applied for DLA.

My Daughter used to receive DLA and we had to attend a tribunal to get her award as they kept turning her down.

In the end , after the tribunal , the award was back dated to the very day we applied , which was quite some time.

I have never heard about it only being back dated one year.

I dont know your circumstances but if you receive tax credits dont forget to let them know that you are now receiving DLA .
no i don't receive tax credits, i have no dependents. Thank you for your help, i'v heard so many different stories but not from anyone who actually gets DLA. I'm not sure about this "only backdated a year" thing, just something i heard someone say. Thanks for your help once again
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# 6
clarabell79
Old 09-07-2011, 9:14 PM
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Quote:
Originally Posted by Anubis View Post
It will be backdated from the date of the claim. No-oneknowsme is this a new rule?
Thanks for your help, just checked on the DWP website and it is not mentioned that it can only be backdated for a year so i'm hoping it's not the case
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# 7
rogerblack
Old 09-07-2011, 9:41 PM
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Quote:
Originally Posted by clarabell79 View Post
Thanks for your help, just checked on the DWP website and it is not mentioned that it can only be backdated for a year so i'm hoping it's not the case
The award of DLA isn't really 'backdated' - the tribunal re-makes the original decision, as if the original decision-maker had decided the other way at the time.
So, it's not a case of paying you backdated payment of DLA, it's a case of paying you the DLA you should have been getting all along, but they haven't paid you.
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# 8
Anubis
Old 09-07-2011, 10:38 PM
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Quote:
I dont know your circumstances but if you receive tax credits dont forget to let them know that you are now receiving DLA .
Sorry this - is this a new rule? DLA is not means tested, does this mean more tax credits are awarded on the basis of recieving DLA?
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# 9
Aarons mummy
Old 09-07-2011, 11:14 PM
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Quote:
Originally Posted by Anubis View Post
Sorry this - is this a new rule? DLA is not means tested, does this mean more tax credits are awarded on the basis of recieving DLA?
I think there's a disability premium added on for tax credits.
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# 10
no-oneknowsme
Old 10-07-2011, 12:25 PM
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Quote:
Originally Posted by Anubis View Post
Sorry this - is this a new rule? DLA is not means tested, does this mean more tax credits are awarded on the basis of recieving DLA?

Yes I am aware that DLA is not means tested however when you are receiving certain levels of DLA AND tax credits then you will be entitled to more money in your tax credit award in the form of a disability premium. This disability premium is usually only backdated 3 months but CAN be backdated right to the beginning of your DLA claim if you appeal.
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# 11
funfunder
Old 10-07-2011, 10:09 PM
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My child's DLA was recently settled after appeals. The payment was paid from the orginal claim which like yours was April 2010. Good luck
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# 12
mcculloch29
Old 10-07-2011, 10:32 PM
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Returning to the tax credits issue, Disabled Person's Working Tax Credit is paid for higher rate mobility but not for lower rate - I do realise this isn't relevant to the OP but may be of use to someone coming upon this discussion.
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# 13
drgry3
Old 06-08-2011, 10:55 AM
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Default dla and working tax credit backdating

my award for dla was stopped in dec 2008 as was my wtc i have just been to my 3rd tribunal and won my appeal all i want to know is will my dla and wtc be back dated from dec 2008 to aug 2011 or will i only get my dla backdated ? can any help ?
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# 14
no-oneknowsme
Old 07-08-2011, 11:40 AM
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Quote:
Originally Posted by drgry3 View Post
my award for dla was stopped in dec 2008 as was my wtc i have just been to my 3rd tribunal and won my appeal all i want to know is will my dla and wtc be back dated from dec 2008 to aug 2011 or will i only get my dla backdated ? can any help ?

Your DLA will be backdated to the day you lost it - Dec 2008. However , I do not believe that you will be able to have your tax credits back dated by that far as that would then take you back through too many tax years - Dec 2008 until now is 2.5 years.

The usual method for tax credits is that you can have your award back dated by 93 days - 3 months - however I was in a similar situation and had to go to a tribunal to win a DLA award for my Daughter . Tax credits only backdated my tax credits by the normal 3 months but I appealed their decision and won which allowed me to have my claim backdated for 10 months.

My advice to you would be to ask the tax credits helpline how far back you can go and when they tell you 3 months - which they will - ask them to send you out an appeal form. Fill it in and send it back , it will ask you WHY you believe you are entitled to appy for this back dated money to be paid to you , to which I replied that it wasnt my fault the DLA tribunals dragged on so long.....

I have honestly never heard of anyones award being back dated by as long as you hope to have yours backdated but as I say , under appeal anything is possible so give it a go!
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# 15
drgry3
Old 02-09-2011, 12:54 AM
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Quote:
Originally Posted by drgry3 View Post
my award for dla was stopped in dec 2008 as was my wtc i have just been to my 3rd tribunal and won my appeal all i want to know is will my dla and wtc be back dated from dec 2008 to aug 2011 or will i only get my dla backdated ? can any help ?
its been 4 weeks now and i havent heard anythink from blackpool when will they send me my backdated money ???
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# 16
Muttleythefrog
Old 02-09-2011, 1:10 AM
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Quote:
Originally Posted by drgry3 View Post
its been 4 weeks now and i havent heard anythink from blackpool when will they send me my backdated money ???
To be honest I think you've waited a fair time... give them a call. At the end of the day it's hard for people here to give any advice other than general timescales. At the DWP anything can happen..lol
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# 17
drgry3
Old 02-09-2011, 1:49 PM
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Quote:
Originally Posted by Muttleythefrog View Post
To be honest I think you've waited a fair time... give them a call. At the end of the day it's hard for people here to give any advice other than general timescales. At the DWP anything can happen..lol
hi all i rang black pool today and got no further forward ? i got a letter today from them and they are going to ask for the statement of reasons and appeal against the tribunals decision how much longer will this go on im so depressed now this has been going on since jan 2008 went too first tribunal then it got ajourned until the outcome of the crown court judgement ? been 2 newcastle crown court when they tried to do me for fraud the case was thrown out because off lack of evidence then i went to the 2nd tribunal and was unsuccessful i asked for the statement of reasons because i felt there was a error in law i appealed and got another tribunal this was successful high rate mobility to be reinstated and back dated now they are asking for a statement of reasons and if they can appeal ive got to go to another tribunal this is coming up to nearly 4 years ive got no more fight in me really sick now i will post again when i here more wish me luck bye for now
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# 18
Muttleythefrog
Old 02-09-2011, 1:54 PM
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Quote:
Originally Posted by drgry3 View Post
hi all i rang black pool today and got no further forward ? i got a letter today from them and they are going to ask for the statement of reasons and appeal against the tribunals decision how much longer will this go on im so depressed now this has been going on since jan 2008 went too first tribunal then it got ajourned until the outcome of the crown court judgement ? been 2 newcastle crown court when they tried to do me for fraud the case was thrown out because off lack of evidence then i went to the 2nd tribunal and was unsuccessful i asked for the statement of reasons because i felt there was a error in law i appealed and got another tribunal this was successful high rate mobility to be reinstated and back dated now they are asking for a statement of reasons and if they can appeal ive got to go to another tribunal this is coming up to nearly 4 years ive got no more fight in me really sick now i will post again when i here more wish me luck bye for now
Ah... if they're going to attempt to appeal the tribunal decision claiming an error in law then this could hold things up a while. You do seem to have been through the mill on this one... doesn't sound like tribunals have exactly been switched on either.... I had a dodgy one in Newcastle.. maybe you did. I think you're just going to have to wait.. assume they have no legal case against the decision of the tribunal or you'll go mad
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# 19
nicandnoah
Old 17-09-2011, 12:10 PM
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Default Re dla and urgent help what to do....

Sorry to jump in on your thread but wondered if anybody can help me.... My little grandson needs a herat transplant and on lots of medication and what I want to know is the following..

I went to a tribunal and won the case and got him high rate care and it was back dated from when he was 3 mths to jan 2012 and today got a lterr and it says its been restriced as in May 2010 i applied for a new application form but I have never sent this in... so threy have restriced it from jan to may 2010

what can i do can i say that i have never received the claim pack` and act silly as never filled it in as just thought would go through with the tribunal etc..

oh dear what a pickle i am in if anybody can help that would be great.
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# 20
stevehamblen
Old 19-09-2011, 12:37 PM
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Default dla back dating

Hi there,it is back dated to the original date on the claim form when you filled it out.I won my appeal hands down in october last year and got all the payments from my claim date up to the day of my decision.
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