DLA -Indefinite Award Success for HRC &HRM

TOBRUK

Saversue wrote: »

Thanks Tobruk, nice to hear from you.
I can't begin to explain how relieved I am, you know how it feels.


I didn't understand the new Car Tax Forms and rang up Blackpool, partly to double check the award as all it had was a start date and no end date and to ask about the new Car Tax Form.
I was told the award should of had INDEFINITE printed and they would send me a new set as it was confusing just to have a start date.


I also asked about the Car Tax Form as I wanted to know if I should send my old one back which was only dated until May 2011. I was told that the new form Certificate of Entitlement which has a Serial Number as well as your NI No is the replacement for the older type forms with room to renew up to 4 times.

It says please read inclosed leaflet DLA403, but it wasn't enclosed!

It states "This certificate of entitlement can only be used once to get a free vehicle tax disc".

It has a space for a Post Office stamp and a DVLA Office Stamp.
So I think the Post Office must retain it and pass it on to DVLA who will sent out a new one if you are entitled.
Not certain about this bit, but expect someone will know. But was definitely told it would get automatically renewed.

Hi Saversue, I already have this type of form with the 4 spaces for post office stamp - mine is now full and need to send it back to DWP and they send me another.

I keep this form and take it each year to the post office (together with the necessary docs) to be stamped - once full (all 4 declarations) I post it back to DWP who then send a new one. It has a serial number aswell as my NI number.

What I have is a DLA404 DOCUMENT.

Saversue

Tobruk, I too had the one with four spaces DLA404,but this new one which doesn't have a number printed on it; it was just stapled to my award letter and only has ONE SPACE. Hope that's clearer.

TOBRUK

Oh I see ... sorry I'm tired! I'll wait to see what happens when I return this one as there wasn't anything on my award letter.

DX2

idvi wrote: »

arent the government reassessing all dla claims in 2013, whether they were indefinite or not? (i may have heard wrong though(

They are indeed, working age claimants.

idvi

DX2 wrote: »

They are indeed, working age claimants.

doesnt that mean that basically even an indefinite award will be up for 'renewal' in 3 years?

so there isnt much point in 'indefinite'

CLOFT

Hi
I attended an appeal tribunal last week and as a result was awarded HRM/LRC for my son - the decision of the tribunal was unanimous.
I have since been advised that the DWP are challenging this decision.
Has anyone out there had any similar experiences - can they only challenge on a point of law??
I was so relieved for my son last week and now I feel so deflated.

sox8369

This is unbelievable - i thought the whole point of the appeal process was to get an independant decision - what is the point if the DWP can just overturn the tribunals decision (or try to) - Best of luck Cloft - hope you get it sorted out soon.

DX2

CLOFT wrote: »

Hi
I attended an appeal tribunal last week and as a result was awarded HRM/LRC for my son - the decision of the tribunal was unanimous.
I have since been advised that the DWP are challenging this decision.
Has anyone out there had any similar experiences - can they only challenge on a point of law??
I was so relieved for my son last week and now I feel so deflated.

What if I disagree with the tribunal’s decision?
[FONT=Frutiger 45 Light,Frutiger 45 Light]If you disagree with the First-tier Tribunal’s decision, you may be able to appeal to the Upper Tribunal. The Upper Tribunal consists of experienced lawyers who specialise in benefits law. [/FONT]

Who can appeal to the Upper Tribunal?



[FONT=Frutiger 45 Light,Frutiger 45 Light]Appeals can be made by:

• anyone who has already appealed to the Tribunals Service
• the DWP (if we think the tribunal have made a mistake in dealing with your appeal)
• in some cases, a trade union or similar organisation appealing on your behalf, and
• people who have to repay an overpayment of benefits.

[/FONT]
What can I appeal to the Upper Tribunal about?



[FONT=Frutiger 45 Light,Frutiger 45 Light]You can only appeal to the Upper Tribunal on a point of law; that is, if you think the First-tier Tribunal has not applied the law correctly in dealing with your appeal. You can’t appeal to the Upper Tribunal about:

• facts the First-tier Tribunal have used, or
• their medical findings or conclusions.

[/FONT]How can I appeal to the Upper Tribunal?


[FONT=Frutiger 45 Light,Frutiger 45 Light]The decision letter from the Tribunals Service will tell you what to do if you are unhappy with the decision. Read this carefully as it states the time limits for your appeal. [/FONT]
[FONT=Frutiger 45 Light,Frutiger 45 Light]You can apply for permission to appeal to the Upper Tribunal only after you have obtained the First-tier Tribunal’s written statement of reasons for their decision. You should read the statement of reasons carefully. If you think the tribunal applied the law wrongly, you can apply for permission to appeal to the Upper Tribunal. You must do this within [/FONT]one month [FONT=Frutiger 45 Light,Frutiger 45 Light]from the date on the written statement of reasons. [/FONT]
[FONT=Frutiger 45 Light,Frutiger 45 Light]However, if there is a mistake on the decision letter that means you have to return it for correction, or you have asked for the decision to be set aside and have been refused, then the one month starts from the latest date on the correction or rejection letter or the written statement of reasons. [/FONT]
[FONT=Frutiger 45 Light,Frutiger 45 Light][/FONT]
[FONT=Frutiger 45 Light,Frutiger 45 Light]You must apply in writing for permission to appeal. Your letter must say which tribunal decision you are appealing against, what errors of law you think it makes, and what result you would like. If you apply after the one-month limit, you must also say why and ask for more time. You should send the application to the Tribunals Service. [/FONT]
[FONT=Frutiger 45 Light,Frutiger 45 Light]The First-tier Tribunal will first consider whether to review the decision themselves. If they decide not to review, they may either send your application to the Upper Tribunal or refuse it. [/FONT]
[FONT=Frutiger 45 Light,Frutiger 45 Light]Whatever the outcome, the tribunal will let you know in writing. You can ask an advice centre such as Citizens Advice, a solicitor or another suitable person or organisation to help you apply for permission to appeal to the Upper Tribunal. [/FONT]
http://www.dwp.gov.uk/docs/gl24dwp.pdf

DX2

idvi wrote: »

doesnt that mean that basically even an indefinite award will be up for 'renewal' in 3 years?

so there isnt much point in 'indefinite'

Even before the changes take place an indefinite award can be reviewed at any time.

Saversue

DX2 wrote: »

Even before the changes take place an indefinite award can be reviewed at any time.

I think we all are aware of that, I did say who knows what will happen in the future.

If you are severely disabled, which would you rather have one, two, three, five years or an indefinite award written on your papers?
I think it's a no brainer.

In the meantime I don't have to worry about filling in any more forms and be more ill with the stress and self-retribution for being ill in the first place; NO LONGER ABLE TO BE A USEFUL HARDWORKING MEMBER OF SOCIETY WITH A ROSY FUTURE AND SO MUCH MORE TO GIVE.

At least when all the new changes take place we might have a chance of being looked at sympathetically, or at least be last to be re-assessed.

Yes it is a distinct possibility, but my life is difficult enough, by 2013 all sorts of things could happen; and I am going to try and NOT WORRY ABOUT THAT WHICH I CAN'T CONTROL.