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  • benefitbaby
    • #2
    • 12th Aug 13, 10:01 PM
    • #2
    • 12th Aug 13, 10:01 PM
    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-pip
  • ltcinter
    • #3
    • 12th Aug 13, 10:55 PM
    • #3
    • 12th Aug 13, 10:55 PM
    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.
    • rogerblack
    • By rogerblack 12th Aug 13, 11:41 PM
    • 9,287 Posts
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    rogerblack
    • #4
    • 12th Aug 13, 11:41 PM
    • #4
    • 12th Aug 13, 11:41 PM
    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.
    Originally posted by ltcinter
    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.
  • ltcinter
    • #5
    • 13th Aug 13, 12:08 AM
    • #5
    • 13th Aug 13, 12:08 AM
    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.
    • rogerblack
    • By rogerblack 13th Aug 13, 9:41 AM
    • 9,287 Posts
    • 9,443 Thanks
    rogerblack
    • #6
    • 13th Aug 13, 9:41 AM
    • #6
    • 13th Aug 13, 9:41 AM
    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?.
    Originally posted by ltcinter
    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.
  • ltcinter
    • #7
    • 13th Aug 13, 3:35 PM
    • #7
    • 13th Aug 13, 3:35 PM
    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.
    • rogerblack
    • By rogerblack 13th Aug 13, 3:44 PM
    • 9,287 Posts
    • 9,443 Thanks
    rogerblack
    • #8
    • 13th Aug 13, 3:44 PM
    • #8
    • 13th Aug 13, 3:44 PM
    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.
    Originally posted by ltcinter
    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.
  • ltcinter
    • #9
    • 4th Oct 13, 2:36 AM
    • #9
    • 4th Oct 13, 2:36 AM
    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?
    • SisterAct
    • By SisterAct 4th Oct 13, 11:22 AM
    • 25 Posts
    • 13 Thanks
    SisterAct
    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.
  • ltcinter
    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?
  • TOBRUK
    As they have sent you a PIP form I would imagine that they have decided not to accept your reasons for your very late DLA form!

    If you have not received any letter of their decision but they have sent you a PIP form I would suggest that you telephone them regarding this and ask for an explanation.

    To be fair you were very late, over 3 months late in sending in your DLA form and although you gave them a reason in a letter for this, perhaps if you had sent them some evidence e.g. a support letter from a health professional maybe they may have considered it.

    Phone them this afternoon to ask if they have accepted your late form as you have not received any information but have been sent a PIP form.
  • ltcinter
    Thanks Tobruk,

    However, there is still no notification of the DM's decision not to accept the reasons for good cause.

    The intention is to seek a revision of the decision and submit further evidence if necessary. It appears there is one month to do this from the date of the decision, but without a notification how is one to know when this period starts?

    Just to send out a PIP claim form and expect the claimant to fill it in without notification of the decision seems rather bizarre.
  • TOBRUK
    That is why I said that you should telephone them as soon as possible and ask what the situation is with regard your DLA form.

    With any queries about benefit I usually suggest writing so that you have correspondence to keep (as possible evidence) but in your case I think you should telephone them today and ask what your situation is. Otherwise you could be waiting for a very long time and perhaps they have given a closing date for you to send in your PIP and you could find yourself in more trouble!

    What is stopping you phoning them now? At least you will know where you stand.
  • ltcinter
    Yes, the closing date for returning the PIP claim form is October 27th.

    I cannot phone them. I agree it is best to have everything in writing.

    I feel that the reasons I gave for good cause were very strong, I get the feeling they are hoping I return the PIP form and leave it at that. That is not on.

    I will have to contact my lawyer and seek legal advice.
    • nannytone
    • By nannytone 4th Oct 13, 4:36 PM
    • 10,789 Posts
    • 15,133 Thanks
    nannytone
    ' you beliene'
    but you havent asked them what they think.
    you are trying to fight agsinst informstion thst you dont have!
    you at least need to contact them to find out what decision they have come to
    • nannytone
    • By nannytone 4th Oct 13, 4:37 PM
    • 10,789 Posts
    • 15,133 Thanks
    nannytone
    double post]
  • ltcinter
    Aren't they supposed to contact the claimant and not the other way around?

    If they don't make contact, then surely they are in effect preventing the claimant from requesting a reconsideration of a negative determination decision?
  • TOBRUK
    Aren't they supposed to contact the claimant and not the other way around?

    If they don't make contact, then surely they are in effect preventing the claimant from requesting a reconsideration of a negative determination decision?
    Originally posted by ltcinter
    I'm sorry but you (the claimant) are the one who wants the information. You may believe that you gave good 'strong' reasons for sending the form back so late but unless you try and find out what is happening you are just spiting yourself.

    Your PIP form is due back end of this month mind, so if they do not contact you in the meantime what will happen to that - are you going to send that in late aswell? You really can't turn round and say to them that you didn't send it because you were waiting for them to contact you about your late DLA form.

    Sorry but you are just making things difficult for yourself and there is really no need.
  • ltcinter
    Tobruk

    I know you are right, but it just seems to me that they are attempting something underhand here.

    I will get my lawyer to chase them up and see what transpires.
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