dla question please and if anybody help me...

nicandnoah

Sorry to jump in on your thread but wondered if anybody can help me.... My little grandson needs a herat transplant and on lots of medication and what I want to know is the following..

I went to a tribunal and won the case and got him high rate care and it was back dated from when he was 3 mths to jan 2012 and today got a lterr and it says its been restriced as in May 2010 i applied for a new application form but I have never sent this in... so threy have restriced it from jan to may 2010

what can i do can i say that i have never received the claim pack` and act silly as never filled it in as just thought would go through with the tribunal etc..

oh dear what a pickle i am in if anybody can help that would be great.

Muttleythefrog

Ouch... I naturally assumed the DWP would regard a new application for DLA as being instructed when they received a completed application in some form or another. I've heard of such cases arising and not just regarding DLA... but in all those cases, as far as I could tell, a new application was made. If you get no technical answers here then perhaps welfare rights or CAB might be able to advise. What I would say is hold off asking for another application form/making new application unless you get reliable advice that that is the best course of action at this juncture.

TrixieB

Seems rather unfair when it's the other way round and if you don't send a form in before the date stamped on it they only treat a claim from the date they recieve it.

jetplane

If the department are saying that the claim is time limited to when you made the second claim (May 2010) then they should have put this in their submission to the Tribunal. It could have been dealt with then.

If it was in their submmission then the Tribunal have dealt with it and the department are trying it on and you need to refer them to the decision notice.

If it wasn't in the submission, get help and ask for the decision to be set aside on ignorance / mistake of fact and get the new hearing to make the award.

Cpt.Scarlet

nicandnoah wrote: »

Sorry to jump in on your thread but wondered if anybody can help me.... My little grandson needs a herat transplant and on lots of medication and what I want to know is the following..

I went to a tribunal and won the case and got him high rate care and it was back dated from when he was 3 mths to jan 2012 and today got a lterr and it says its been restriced as in May 2010 i applied for a new application form but I have never sent this in... so threy have restriced it from jan to may 2010

what can i do can i say that i have never received the claim pack` and act silly as never filled it in as just thought would go through with the tribunal etc..

oh dear what a pickle i am in if anybody can help that would be great.

Was the orginal application denied and was it this decision that you appealed?

On the assumption that your son was not in receipt of DLA at the time that the second claim form was requested and subsequently not returned.

AS far as I can see, as no Decision was made by the DWP, as there was no form submitted, they should not be able to limit your back payments. There is no obligation on your part to return the form, nor can there be a Change of Circumstances because you were not in receipt of the benefit.

rogerblack

jetplane wrote: »

If the department are saying that the claim is time limited to when you made the second claim (May 2010) then they should have put this in their submission to the Tribunal. It could have been dealt with then.

http://www.dwp.gov.uk/docs/dmgch02.pdf - this is how claims should be dealt with. - see 02019 and subsequent.
However, first some information would be useful.

Go through the tribunal pack, and find out what they're saying about this claim.
Was it a new claim, them saying you are reporting a change of circumstances/...

Was this a physical claim form, or an electronic one?

How did you request this new claim form?

As I see it - this is impossible - legally.
A claim has to be recieved to be made.
It has to be made in writing, even though the initial application may be over the phone.
It has to be on the approved form (usually, there are some caveats).
It has to be not defective - otherwise it's not a claim, and they are required to send you a new form, and instructions on why the old one isn't OK.

nicandnoah

Hello thanks for all of your help... My grandson need herat transolant and he was born with his heart the wrong way round and he needs loads of medicine... he has reflux and only last week was in Leeds being operated on.

It was a clerical claim not a computer claim this was... How will I know wether the information was subbited or not and what should I do next. The triubunal staff and judge were so lovely and I cried when I won. It was backdated (never had dla) from when he was 3 mths to jan 2012... then i got a letter today to say it was a slip of a pen and the judge i saw has overturned and restricted it to May 2010 to when i asked for a new claim form... if i am completely honest they did as k me something about this when i phoned up for the claim form but I did not really understand to be honest what they meant it was do you wnat it to be a new claim or something. So sorry to sound silly and only want justice where it deserved. I was so happy for my daughter as she works so hard and has so much to contend with and we were over the moon with everything.

I dont have my papaers no more as thought it was all over with and thre them in a bin in Bradford after the tribunal.

I hate the work and pensions as bitter that some people get for the dlightest thing and when my little grandson gets it this is how they treat me... can I act ignornat saying I did not know etc or what is the best course of action to follow please. I no longer have the dated claim form either but like i said it was a clerical claim not an electronic one.

Thanks ever so much for your time and trouble i really appreciate it.

nicandnoah

the new claim form was requested over the telephone also.. Thanks in advance.

Muttleythefrog

nic... it is a little more complex than first appeared... as it sounds like the tribunal itself changed the award. There is some good advice above... but I think you've really made this situation tricky by destroying the papers. I would say never ever destroy papers like these.. not least for the fact they could prove valuable in situations like this or in future claims.

If you find the advice here insufficient then I think you need to try to jot down all the key facts of the case and dates and seek advice from welfare rights or CAB or the like on the basis you've received this new letter restricting the award as your starting point in requesting help from them. They might be able to help not only giving direction but getting important papers recovered if possible. You might be requiring of some quite involved legal help... if you got that regarding the appeal in the first place then you might be able to return to that organisation for advice on the same matter.

GlasweJen

I think they would have restricted the award because the wee one is expected to recover. Now I know it seems insensitive but I think the hope would be that the wee one gets his heart and would be on the road to recovery so a new award would be made to reflect this.

nicandnoah

no i got a letter today and it had a letter in it from the work and pensions for the tribunal to look at it agin and its says they have.. the same jusdge has signed it and chaged the date and it says it is because i have asked for a new claim form.. goodness I know I should not have thrown them away but I think I would be able to get a copy I am sure if I rung up and asked so what do you think I should do... guess there is nothing that can be done. The hearing they gave me a lter there and then and it said jan 20010- jan2012 high ate care..

Thanks all