Dla

pajg76

i wonder if anyone can give me some advice.
My mother who has osteoarthritis in most of her joints had been receiving both High rate mobility and high rate care for over 10 years on 28th September 2012 it was due for renewal and the whole lot was taken away,my mum's last payment was 5th september 2012.
my mum is currently waiting on an appeal but was told that she could apply again which she did and she received a letter saying that she was not entitled to anything as she doesn't need help so she telephoned them and they have now sent a form for them to look at again and on the letter it says that she is entitled to hrm and hrc from 29/09/2012 to 11/12/2012 so i am confused she has not received any payment so i wonder if it's just a mistake or do they owe her this money?

Richie-from-the-Boro

- when did you receive this letter that said """she is entitled to hrm and hrc from 29/09/2012 to 11/12/2012""" ?

pajg76

last saturday.

rogerblack

My understanding.
She had an original decision made effective the 29th Sep 2012, that she was not entitled to DLA.
This has now been reconsidered internally, before her appeal, and she has been found to be entitled to DLA from the 29th Sep - the date of the original decision.
This would normally be it.
Unfortunately, because of the new application, a fresh decision was made on her abilities as of 11/12/2012.
This revised original decision only revised the original decision - it did not take into account any later applications. Unfortunately, this means that the decision she had no needs as of 11/12/2012 stands.
She will (soon) recieve payments for the several month period.
She will NOT receive payments going forward - she must appeal the decision of 11/12/2012.
Unfortunately, this is likelly to be a 'late appeal', as it's outwidth the 30 day dates.
It should with luck be granted though.
Her appeal has ended for the original decision, because a decision that cannot be more favourable has been made.

satarical

rogerblack wrote: »

My understanding.
She had an original decision made effective the 29th Sep 2012, that she was not entitled to DLA.
This has now been reconsidered internally, before her appeal, and she has been found to be entitled to DLA from the 29th Sep - the date of the original decision.
This would normally be it.
Unfortunately, because of the new application, a fresh decision was made on her abilities as of 11/12/2012.
This revised original decision only revised the original decision - it did not take into account any later applications. Unfortunately, this means that the decision she had no needs as of 11/12/2012 stands.
She will (soon) recieve payments for the several month period.
She will NOT receive payments going forward - she must appeal the decision of 11/12/2012.
Unfortunately, this is likelly to be a 'late appeal', as it's outwidth the 30 day dates.
It should with luck be granted though.
Her appeal has ended for the original decision, because a decision that cannot be more favourable has been made.

Well said. Whoever told the OP that they should have put in a new claim in December whilst waiting for the appeal in respect of the September decision needs to be put against a wall and shot!!

As you say, If the OP had NOT put in the new claim payment of the award would still be being paid.

In effect the submitting of a new claim has caused the previous one that she won to be cancelled.

No doubt it was the DWP who gave that fantastic piece of advice.

And now the OP stands the very real chance of the late appeal against the December decison to be refused.