Lied to by DEA

McKneff

50Twuncle wrote: »

I have been claiming DLA for the last 5 years but this was after a break of over 15 years
I had an accident 23 years ago that left me almost in a poor-state and slowly I have recovered over the years - at the time of the accident, I claimed DLA when I was out of work for three years and was told by my DEA at the time that since I was now working - I could no longer claim DLA - This incorrect advice could have caused me financial hardship and I am now wondering if there was any procedure to claim 15 years of back-DLA ?

Could have ?????

50Twuncle

McKneff wrote: »

Could have ?????

Yes - "could have" - if I had not had the ability to budget correctly and try to make ends meet - what is wrong with "could have"
As it happened - I managed to survive my 3 years of being broke - with help from friends and family ....
Eeengleesh is a hard language for foreigners to understand - isn't it ?

portly1

50Twuncle wrote: »

I was wrong - just checked 13 years !!
I was claiming DLA from 1992 - 95 and then started working again - at this point, I was told that since I was bringing in money - I could no longer claim DLA - Which was incorrect
I put in a new claim in 2008 and have been claiming care component ever since !!

That doesn't surprise me at all. The DWP stand accused every week of giving incorrect and misleading information. Those who act on it have only themselves to blame!

I too have had this problem in the past but unless you can provide documentary evidence to prove it - everyone will back track and deny everything!

Over the years I have lost out on the following because of advice given which was subsequently found to be wrong.

DLA (HRM & HRC) 2004 - 2011 On the basis that as I was in and out of hospital during these years many times it was told to me by the DWP help desk that I cannot claim DLA - I closed the claim on that advice.

IIDB 2004 - 2011 On the same advice as above I closed that claim only to find out that the advice given by the DWP was completely wrong.

Total lost is estimated to be in the region DLA - £36,000 and IIDB £21,000 - a total of £57,000 of lost benefit entitlement.

50Twuncle

portly1 wrote: »

That doesn't surprise me at all. The DWP stand accused every week of giving incorrect and misleading information. Those who act on it have only themselves to blame!

I too have had this problem in the past but unless you can provide documentary evidence to prove it - everyone will back track and deny everything!

Over the years I have lost out on the following because of advice given which was subsequently found to be wrong.

DLA (HRM & HRC) 2004 - 2011 On the basis that as I was in and out of hospital during these years many times it was told to me by the DWP help desk that I cannot claim DLA - I closed the claim on that advice.h

IIDB 2004 - 2011 On the same advice as above I closed that claim only to find out that the advice given by the DWP was completely wrong.

Total lost is estimated to be in the region DLA - £36,000 and IIDB £21,000 - a total of £57,000 of lost benefit entitlement.

Snap - only for twice as long
I was in and out of hospital for 23 years! !
At that rate - I have missed out on £100k +

treborc

Your not going to be able to prove any of this and anyway to long as passed.

Best just to accept a mistake was made.

DLA can be claimed by people in work, and they would say if you had gone to the CAB or taken advice they would have stated the same.

[Deleted User]

I would say that its upto the claimant to check as to when a benefit can be paid,a DEA doesnt decide when DLA can be paid,so as harsh as it sounds i would say OP has no grounds for "back payment"

portly1

treborc wrote: »

Your not going to be able to prove any of this and anyway to long as passed.

Best just to accept a mistake was made.

DLA can be claimed by people in work, and they would say if you had gone to the CAB or taken advice they would have stated the same.

These cases in question are where the DWP (the department that SHOULD know what the law says) themselves have given misleading and totally in accurate advice. There should be no need to go elsewhere to 'find' out if the DWP are wrong.

If HMRC tell you that your contribution based ESA is not taxable would you believe them or would you go elsewhere to verify if they actually know what they are talking about?

The difficulty is that the advice given by the DWP was over a telephone call. This will be denied at a later time unless you can prove otherwise.

portly1

woodbine wrote: »

I would say that its upto the claimant to check as to when a benefit can be paid,a DEA doesnt decide when DLA can be paid,so as harsh as it sounds i would say OP has no grounds for "back payment"

So you are suggesting that the DWP whilst giving what seems to be sound and accurate advice should really be ignored as the advice they give is usually wrong?

I agree with you, but it doesn't help those that don't think that way - they will believe what the DWP say - they are after all the department that SHOULD know what they are talking about.

McKneff

50Twuncle wrote: »

Yes - "could have" - if I had not had the ability to budget correctly and try to make ends meet - what is wrong with "could have"
As it happened - I managed to survive my 3 years of being broke - with help from friends and family ....
Eeengleesh is a hard language for foreigners to understand - isn't it ?

Could have but didn't. You are clutching at straws.

What does the bold mean. It doesn't make sense to me. Is English your second language??

Being 'English' I don't understand the sentence.

Caz3121

50Twuncle wrote: »

Snap - only for twice as long
I was in and out of hospital for 23 years! !
At that rate - I have missed out on £100k +

DLA stops if you have been in hospital for 28 days and would restart when out again. Is it possible that they stopped it when you had been in hospital but you did not restart it?