dla long story

Indie_Kid

Did you receive the care you needed whilst in prison? The DWP may argue that if you didn't, then you don't need it.

AsknAnswer2

You were in prison for 10 years or it has been 10 years since DLA reduced your award to lower rate care?

AsknAnswer2

Forget it, I've found the answer I was searching for:

pac100575 wrote: »

i have a letter stating that the decision was made in 20 10 2000

You haven't got a cat in hell's chance of having it reinstated and/or backdated to then for two reasons.

1) The decision to downgrade the award was made over 9 years ago. The absolute time limit set in law for an appeal is 13 months from the date of the decision. In accordance with the law, an appeal tribunal will not accept an appeal made this late. There is no possible way that this can go before an appeals board after this time because the law simply does not allow it.

2). CDLA/1930/2004 will not help you because this judgment was made on 12th Ferbruary 2004, over 3 years since their decision to lower your award.; case law does not work retrospectively. If that were how case law worked, the world would come to a halt with every single case that precedent affected being re-challenged after the precedent. Further, that tribunal did not concern the downgrading of a life award; it concerned the termination of it.

They didn't break their own case law, as the precedent was not set at that time, and the precedent which was set bears no resemblence to your own case. Your benefit has been downgraded, the claimant's benefit in the case you mention was completely terminated.

The only way that you can get the award you were originally on is to ask for a supersession based on your care needs if you have care needs which would equate to high rate care now, not ten years ago. If successful, this would only be awarded from the date of the supersession, not backdated.

[Deleted User]

sunnyone wrote: »

You dont get locked up for that, there must be a lot more than that simple sentance lol.

You can if you are a repeat drink/drug driving offender or have previous unrelated offences. But you're right, there's more to this story!

pac100575

thats the longstory bit