dla back pay- ten years

tonyciclo

ajay5021 wrote: »

Dear Tony

My mums was only awarded the mobility in 2003, as she did not apply for the care part.

ten years later on the 8 aug 13, I applied for the care component part as mum needs help now at the age of 73. The letter dated 17th October 13 states, she will continue with the higher rate of mobility, however they have now awared her the lowest amount of the care part of £15.15, and the date of the award is 10/04/2003 the same date when the mobility was awarded.

the letter also states the money we owe and future payments will be paid with your state pension.

My understanding is that she should have been awarded the care part in 2003 and for some reason they didn't pay and mum didnt chase up, i guess.

they are doing the calculations ow and shud pay next week. will there be interest on the money she owns??

Thanks the important bit for me to understand is:

My mums was only awarded the mobility in 2003, as she did not apply for the care part.

and

My understanding is that she should have been awarded the care part in 2003 and for some reason they didn't pay and mum didnt chase up, i guess.

You say that no claim was made for the care component in 2003, yet then say that she should have chased it up? Chase what up if a claim wasn't made?

It would make sense if she actually made a claim in 2003 for the Care component but the DWP failed to award it. But to say that the claim wasn't made until August this year when it was approved but backdated to 2003 - I don't understand why they would backdate a claim 10 years - they would however backdate it if a claim WAS made in 2003 but the DWP failed to act on it.

Besides which given her age surely Attendance Allowance was the benefit to claim in August 2013, not DLA. No one can make a new claim for DLA after the age of 65. They can continue one that was awarded before that age, but not a new one.

It just doesn't make any sense to me.

Witch_Hazel

tonyciclo wrote: »

It just doesn't make any sense to me.

It doesnt make sense to me either, how can she get 10 years back payment if she never applied for it in this first place...strange. I think what is owed is from when the op informed the DLA dept of a change in circumstances this year in August 2013.

sheep-ali

I find this a bit strange as well. Do you apply separately for DLA components?
Also, DLA is not paid with state pension as far as I am aware. It is a totally separate payment.

ajay5021

Dear All

I was confused to, however I have been informed today that mum application at the time was for both mobility and care in 2003. high rate mobility was awarded and so was the low care awarded, but no payment for the care part was never given, just mobility.

After putting a claim in this august for the care part, they said they are sticking to their decesion and that she still is entitled to the same rate for both mobility and care.

they are back dating her care allowance because they have never paid her, this is why she is getting this money.

it will be paid next tuesday. I hope this clarify's any confusion.

ajay5021

Entitlement Summary

Please keep this safe you may need it in the future.

Mrs ......... ....... is entitled to Disability Living Allowance at the following rates:

Mobility:

Higher Rate of £39.95 a week from and including 10/04/2003 for a indefinate period.

Care:

Lowest Rate of £15.15 a week from and including 10/04/2003 dor an indefinate period.

The rates of Disability Living Allowance payable are available at www.gov.uk. You can use this letter to prove you entitlement to Disability Living Allowance to a variety of organisation.

The letter also states:

How you will get your money

We will pay the money we owe and all future payments with your State Pension.

The money we owe you from the date your award, or payments, changed takes into account what we have already paid you.


I hope this also helps the confusion. Thanks

tonyciclo

ajay5021 wrote: »

Dear All

I was confused to, however I have been informed today that mum application at the time was for both mobility and care in 2003. high rate mobility was awarded and so was the low care awarded, but no payment for the care part was never given, just mobility.

After putting a claim in this august for the care part, they said they are sticking to their decesion and that she still is entitled to the same rate for both mobility and care.

they are back dating her care allowance because they have never paid her, this is why she is getting this money.

it will be paid next tuesday. I hope this clarify's any confusion.

That I can sort of understand. Presumably no one actually read the 2003 award notice and no one actually noticed that some of it wasn't in payment for 10 years.

That puts a totally different perspective on the whole matter. It's not a claim made in 2013 that was backdated 10 years, it is a payment that was due from 2003 but never made. I presume that you made a claim for the Care component in 2013 on the basis that no previous claim had been made. It was then that you found out that it had been awarded 10 years ago but not paid.

I was very surprised that the DWP would make a backdated payment for any reason. Even in cases where they make a decision that is iffy and know it is, they will not make a back payment to that date when evidence is submitted many years later which proves that a third party opinion (DWP medical Services) was completely wrong which they took as gospel when making that decision. They would cite that it was only an opinion not a basis of fact. All of the medical advice given to the DWP is purely one mans opinion which should and is expected to be challenged. Failure to challenge it will lead to a refusal to change that decision at any time in the future.

ajay5021

That puts a totally different perspective on the whole matter. It's not a claim made in 2013 that was backdated 10 years, it is a payment that was due from 2003 but never made. I presume that you made a claim for the Care component in 2013 on the basis that no previous claim had been made. It was then that you found out that it had been awarded 10 years ago but not paid.


That's correct, awarded 10 years ago and not paid. That is bad really, as it also means that there could be more people out there in my mums situation, where they have awarded,but never paid.

tonyciclo

ajay5021 wrote: »

That puts a totally different perspective on the whole matter. It's not a claim made in 2013 that was backdated 10 years, it is a payment that was due from 2003 but never made. I presume that you made a claim for the Care component in 2013 on the basis that no previous claim had been made. It was then that you found out that it had been awarded 10 years ago but not paid.


That's correct, awarded 10 years ago and not paid. That is bad really, as it also means that there could be more people out there in my mums situation, where they have awarded,but never paid.

It certainly wouldn't surprise me to know that there are. What annoys me with both the DWP and HMRC, they will use every legal channel open to them to not make payments which they know are due.

I have a long long history of claims that I have made over the years for various things and have suffered a substantial loss.

Industrial Injuries Disablement Benefit £27,000+ - 2004 - 2011 failure to submit an appeal as I was in hospital for the majority of the time and couldn't deal with my affairs.

Guaranteed Pension Credit (Mortgage Interest) 2009 - 2011 £10,800 for failing to ensure that the MI12 forms were received by the DWP & March 2013 to date £2115 and continuing as they now keep losing the MI12 claim forms.

DLA High Mobility/Mid Care £31200+ 2004 to 2012 - failure to deal with the renewal as I was in hospital for the majority of the time and couldn't deal with my affairs

Our current income is short by £70 a week as we are getting no help for the mortgage interest.
I anticipate that we will have similar problems in Jan 2014 when my wife's Night and Day award of Attendance Allowance comes up for renewal. She is physically and mentally unable to deal with her affairs. That will be closed by default.

cbrown372

Andy go and tell your lies elsewhere and stop frightening people on here with your fairy tales.

Poppie68

tonyciclo wrote: »

It certainly wouldn't surprise me to know that there are. What annoys me with both the DWP and HMRC, they will use every legal channel open to them to not make payments which they know are due.

I have a long long history of claims that I have made over the years for various things and have suffered a substantial loss.

Industrial Injuries Disablement Benefit £27,000+ - 2004 - 2011 failure to submit an appeal as I was in hospital for the majority of the time and couldn't deal with my affairs.

Guaranteed Pension Credit (Mortgage Interest) 2009 - 2011 £10,800 for failing to ensure that the MI12 forms were received by the DWP & March 2013 to date £2115 and continuing as they now keep losing the MI12 claim forms.

DLA High Mobility/Mid Care £31200+ 2004 to 2012 - failure to deal with the renewal as I was in hospital for the majority of the time and couldn't deal with my affairs

Our current income is short by £70 a week as we are getting no help for the mortgage interest.
I anticipate that we will have similar problems in Jan 2014 when my wife's Night and Day award of Attendance Allowance comes up for renewal. She is physically and mentally unable to deal with her affairs. That will be closed by default.

:think: Mmmm now lets think were have we heard that tale before!