Renewal of DLA - form received early?

Anubis_2

kingfisherblue wrote: »

My friend appealed and still had to give the car back. As I said in my earlier post, HRM and HRC were awarded and backdated on appeal.

Yes, you mentioned the car was taken later, but did they also pay the HRC to the actual end if her renewal date even though your friend had been declined? It would surprise me if the did.

I can understand the car going back on her date as I said, you can keep it up to 6 months if appealing, (depending on garage) but I doubt very much they would have continued to pay the HRC until renewal date, this is normally stopped immediately.

I am pleased to hear it was all reinstated on appeal!

ramsas

yes it correct time frame..my care expired oct 2011...got renewal last month..sent mine back same day to get it out way has cant stand the stress of it all so thinks me that better done and dusted and to hell with it..3 weeks later..all ok and renewed indefinitely..first time had that in 15yrs of being on it...prob coz changing it in 2013.

Anubis_2

3 weeks later..all ok and renewed indefinitely..first time had that in 15yrs of being on it...prob coz changing it in 2013.

I thought about this too. I mean you would think they would not give out indefinite awards given the changes coming very soon, however, it is like there *may* be a way they are doing it for some (as not everyone is getting indefinate)

Perhaps all the cases going on indefinate now will be reasessed later, or, because they are not sure how much real time the implementation of PIP will be they are passing out indefinite awards to allow more time for the implementation of PIP. After all, its no good them getting renewals and new claims at the time of changeover.

Richie-from-the-Boro

There is no such current understanding as indefinite.

The word exists and goes all the way back to the original invalidity benefit award [ see * ] and was a technical way to take out of the system of re-checking those who's health circumstances were not expected to change within three years, and so, unlike the rest of means tested benefit would not need to be re-tested every three years.

[ * ] in those days sick notes called MED3's were issued with a maximum of three months renewable. The DHSS system as it then was became overwhelmed with the 13 week renewal and the word ' indefinite ' was invented with the introduction of the original IB50 Form to identify those who were not expected to improve their health within the 36 month period. Many older adult individuals have the old style ' lifetime ' phrase in their document whilst in the last decade or so it seems to be the case that the phrase indefinite seems to be used. Younger children however still seem to have the phrase ' lifetime ' applied, I wonder if this is a descriptor for prognosis and the need not to frequently reassess. Under the RPP [ Right Payment Programme based in Blackpool ] the DWP uses a a scatter-gun selection of claims which are then re-examined, Some are reduced / most are left the same / and others are increased, so these is no such thing as as never having your award reassessed.

So indefinite simply means .. .. until something changes :

- you get your award without periodic pre set reviews
- you get better
- you get worse
- the ' catch all ' change of circumstances rule, makes the DWP have another look at your case
- until you are randomly chosen for a review
- the law / rules changes, example the PIP system, with tighter eligibility criteria will strip many thousands of disabled people of a benefit that is not a luxury but an essential part of their lives
- a malicious person rings in and claims you are a fiddler

It's still a guess which way the current government will go, or rather be allowed to go, with re-testing all people of working age [ PIP ] though they have stated that it is thieir intention to make changes so that the new PIP assessment supports people with long-term conditions, that is their stated intention, but as yet an intention, not the law as such. The fact of the matter is that even at the courts level, a Judge examining a case based on current law and are overridden by new law will have to apply the new law, If Parliament abolishes DLA, you lose your DLA.

The Government have not yet provided estimates of :

- those who might lose access to PIP who is currently receiving / or / eligible for DLA.
- those who might lose access to PIP who is currently supporting /caring for someone receiving or eligible for DLA.
- whether it is the plan for people retiring or reaching 65 years of age to automatically lose PIP, though the indications [ 9 March Hansard column 215WH ] are that it will
- what the final PIP rates will be
- PIP for the under 16's has not even started the development phase
- many of the PIP identifiers are currently used by ATOS as part of the DLA assessment
- PIP has not even been piloted yet


If / when they pilot PIP, they would need to take legal powers to reassess entitlement to disability living allowance and assess entitlement to PIP, by taking an approach termed “testing” as opposed to “piloting” they avoid this legal complication. Additionally they need to remove the access to legal aid or the many thousands who will appeal, but now must do so without access to legal representation.

kingfisherblue

Anubis wrote: »

Yes, you mentioned the car was taken later, but did they also pay the HRC to the actual end if her renewal date even though your friend had been declined? It would surprise me if the did.

I can understand the car going back on her date as I said, you can keep it up to 6 months if appealing, (depending on garage) but I doubt very much they would have continued to pay the HRC until renewal date, this is normally stopped immediately.

I am pleased to hear it was all reinstated on appeal!

HRC was paid until the end of the award, which was on the child's ninth birthday. The car went back the following day.