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Constant attendance allowance
mac_534
Posts: 32 Forumite
Hi all,
I've been left permanently disabled after getting struck by a stolen car at work 4 years ago and dragged along underneath it. I've been getting industrial injuries and dla ever since, over 2 years ago industrial injuries gave me a disability award of 115%, this has recently been made a lifetime award. Just after this a lady from my local DHSS called out to assess me for constant attendance allowance, I had no idea what this was but have since been informed that I should have been assessed for this when I was first assessed as being over 100% disabled by industrial injuries. My wife has been in contact with the guy dealing with the claim who told her that I would be getting awarded constant attendance allowance at a rate of approx £50 a week which would be backpaid from when my local DHSS assessed me and he was just waiting for the paperwork to go through, when my wife told him that I had been assessed as over 100% disabled for over 2 years and asked him if I would be getting back paid for this period he seemed quite shocked but told her that he reckoned I was entitled to it but he would have to clear it with his supervisor since this would be quite a lot of money. Since then his supervisor has decided that I don't qualify for the award but this guy is still fighting for my case. I reckon that they're trying to back pedal out of paying this as someone has made an error by not contacting me 2 years ago when they should have. I think that when I get it in writing that I have been turned down I should appeal and contact my local MP, does anyone else have any advice for me??
Cheers.
I've been left permanently disabled after getting struck by a stolen car at work 4 years ago and dragged along underneath it. I've been getting industrial injuries and dla ever since, over 2 years ago industrial injuries gave me a disability award of 115%, this has recently been made a lifetime award. Just after this a lady from my local DHSS called out to assess me for constant attendance allowance, I had no idea what this was but have since been informed that I should have been assessed for this when I was first assessed as being over 100% disabled by industrial injuries. My wife has been in contact with the guy dealing with the claim who told her that I would be getting awarded constant attendance allowance at a rate of approx £50 a week which would be backpaid from when my local DHSS assessed me and he was just waiting for the paperwork to go through, when my wife told him that I had been assessed as over 100% disabled for over 2 years and asked him if I would be getting back paid for this period he seemed quite shocked but told her that he reckoned I was entitled to it but he would have to clear it with his supervisor since this would be quite a lot of money. Since then his supervisor has decided that I don't qualify for the award but this guy is still fighting for my case. I reckon that they're trying to back pedal out of paying this as someone has made an error by not contacting me 2 years ago when they should have. I think that when I get it in writing that I have been turned down I should appeal and contact my local MP, does anyone else have any advice for me??
Cheers.
0
Comments
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If there is an error on DWP's parts in assessing benefits then you can ask for it to be backdated but the problem comes in that it isn't DWP's responsibility to inform people of benefits they may claim. On the basis of that , as they didn't technically tell you, you weren't entitled to it, that may be the basis of the backdating refusal.
DWP Appeals Manual
http://www.dwp.gov.uk/advisers/ni260/I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0
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