Won DLA appel BUTTT?

boo666

After putting in a claim for my son last march (2011) and it being refused etc etc I went to appeal last week and they have awarded him middle rate care...

Now on the appeal letter they have only awarded it from aug 2011? Is this right or is it a mistake on there part as in all the appeal paperwork etc I can find no reference to any date in august..

Also it says that he was not able to get low rate mobilty as he was 4 years old on the day of the decision being made do I take this as when my claim was very first refused or from the decision that was made at the appeal I went to last week as yes he was 4 when the claim was refused but was 5 before I went to the appeal hearing...

I have rung DLA about this and they told me to ring the appeal (tribunal) so rung them and they told me to ring DLA as they have sent all the paperwork to them now...

And last thing does anyone know how long payments take to come into affect..

Thanks in advance..

rogerblack

Some basics.
An appeal tribunal sits in the seat of the original decision-maker, as if they were re-making the original decision.
You are then put back in the state as if the decision had gone the other way at the time.

Some issues.
The decision about mobility is questionable.
I wonder if they are thinking of the pre 2001 criteria for high-rate mobility - which did indeed stop under 5s getting it.
(now under 3s can't get high-rate mobility)
As I understand it, there is no reason a 3 year old can't get low-rate mobility - if they have mobility needs which are very substantially over what a normal 3 year old would have.

Your next step is to write to the tribunal on the address on the decision, and ask for a 'written statement of reasons' explaining the decision.
This will explain the decision in more detail.

I can't think off-hand for a reason for the Aug 2011 date - did anything happen 3 months before this date - or was this a birthday?
As to payment - it's likely to take around a month to grind through.
You'll get a letter asking you if he's been in hospital, and for bank account and other details, which you need to fill in and return.

Richie-from-the-Boro

On mobility the highest rate can be paid from the age of 3 years and the lowest rate can be paid from the age of 5 years. The money will be in the bank before you get the letter and middle rate care is £51.85 x weeks !

boo666

Thank you both...

The decision notice says:

The appeal is allowed.

(name) is entitled to the care component at the middle rate with affect from 07/08/2011 to 06/08/2014. This is because he requires continual supervision, thoughout the day.

He does not satisfy the statutory criteria for an award of the mobilty component at any rate.

(name) gave oral evidence that (name) is able to walk but needs restraining to avoid danger when out doors.

(name) was 4 years old at the day of the decision and so does not qualify for the lower rate mobility..

Claim made 07/03/2011

Decision made 20/04/2011

Date reconsideration notified 23/07/2011

Date of appeal 24/08/2011

If this helps further?

Sorry august was the first appeal (my mistake there)... And he was 5 december 2011...

kingfisherblue

I don't think your son qualified for low rate mobility because he wasn't old enough when you first applied. That is the information that is considered.

If the first application had been granted, he would not have been awarded LRM at the time because he didn't qualify due to his age. The tribunal will have taken this into consideration - after all, if the first application had been successful, you would have been unlikely to have applied for LRM once your son turned five in December, as this could have put your son's entire award at risk. I don't feel as though I am explaining myself very well, but the tribunal is correcct - they can only consider information as it stands in the original application.

rogerblack

kingfisherblue wrote: »

, he would not have been awarded LRM at the time because he didn't qualify due to his age. The tribunal will have taken this into consideration - after all, if the first application had been successful, you would have been unlikely to have applied for LRM once your son turned five in December, as this could have put your son's entire award at risk. I don't feel as though I am explaining myself very well, but the tribunal is correcct - they can only consider information as it stands in the original application.

I'm unsure about this.
I know that one of the options open to the decision-maker (and hence the tribunal) is to decide that DLA will be payable from some date in the future (an advance claim).
For example - you lose both arms and legs, apply for DLA immediately - you may get it awarded as an advance award for 3 months time, as that is the time at which you would meet the 'has had needs for 3 months' test.

I know that awards of DLA need to have one end date - that the DM can't say 'care for two years, mobility for one'.

I don't know if they can't say - as would be plausible to do otherwise 'they qualify for LRM now, but are not eligible by age, so award from 5th birthday, and award care from now'.

(the birthday being a completely predictable change in circumstances that is known about in advance)

If this is legally possible, and the tribunal did not consider it, it may be that there is an appeal-able error in law.

However.
Even if there is an error in law - by appealing - you run the risk of losing the MRC award.