When is DLA backdated from?

mcculloch29 · 10 July 2011 at 10:32PM

Returning to the tax credits issue, Disabled Person's Working Tax Credit is paid for higher rate mobility but not for lower rate - I do realise this isn't relevant to the OP but may be of use to someone coming upon this discussion.

drgry3 · 6 August 2011 at 10:55AM

my award for dla was stopped in dec 2008 as was my wtc i have just been to my 3rd tribunal and won my appeal all i want to know is will my dla and wtc be back dated from dec 2008 to aug 2011 or will i only get my dla backdated ? can any help ?:(

no-oneknowsme · 7 August 2011 at 11:40AM

drgry3 wrote: »

my award for dla was stopped in dec 2008 as was my wtc i have just been to my 3rd tribunal and won my appeal all i want to know is will my dla and wtc be back dated from dec 2008 to aug 2011 or will i only get my dla backdated ? can any help ?:(

Your DLA will be backdated to the day you lost it - Dec 2008. However , I do not believe that you will be able to have your tax credits back dated by that far as that would then take you back through too many tax years - Dec 2008 until now is 2.5 years.

The usual method for tax credits is that you can have your award back dated by 93 days - 3 months - however I was in a similar situation and had to go to a tribunal to win a DLA award for my Daughter . Tax credits only backdated my tax credits by the normal 3 months but I appealed their decision and won which allowed me to have my claim backdated for 10 months.

My advice to you would be to ask the tax credits helpline how far back you can go and when they tell you 3 months - which they will - ask them to send you out an appeal form. Fill it in and send it back , it will ask you WHY you believe you are entitled to appy for this back dated money to be paid to you , to which I replied that it wasnt my fault the DLA tribunals dragged on so long.....

I have honestly never heard of anyones award being back dated by as long as you hope to have yours backdated but as I say , under appeal anything is possible so give it a go!

drgry3 · 2 September 2011 at 12:54AM

drgry3 wrote: »

my award for dla was stopped in dec 2008 as was my wtc i have just been to my 3rd tribunal and won my appeal all i want to know is will my dla and wtc be back dated from dec 2008 to aug 2011 or will i only get my dla backdated ? can any help ?:(

its been 4 weeks now and i havent heard anythink from blackpool when will they send me my backdated money ???

Muttleythefrog · 2 September 2011 at 1:10AM

drgry3 wrote: »

its been 4 weeks now and i havent heard anythink from blackpool when will they send me my backdated money ???

To be honest I think you've waited a fair time... give them a call. At the end of the day it's hard for people here to give any advice other than general timescales. At the DWP anything can happen..lol

drgry3 · 2 September 2011 at 1:49PM

Muttleythefrog wrote: »

To be honest I think you've waited a fair time... give them a call. At the end of the day it's hard for people here to give any advice other than general timescales. At the DWP anything can happen..lol

hi all i rang black pool today and got no further forward ? i got a letter today from them and they are going to ask for the statement of reasons and appeal against the tribunals decision how much longer will this go on im so depressed now this has been going on since jan 2008 went too first tribunal then it got ajourned until the outcome of the crown court judgement ? been 2 newcastle crown court when they tried to do me for fraud the case was thrown out because off lack of evidence then i went to the 2nd tribunal and was unsuccessful i asked for the statement of reasons because i felt there was a error in law i appealed and got another tribunal this was successful high rate mobility to be reinstated and back dated now they are asking for a statement of reasons and if they can appeal ive got to go to another tribunal this is coming up to nearly 4 years ive got no more fight in me really sick now i will post again when i here more wish me luck bye for now

Muttleythefrog · 2 September 2011 at 1:54PM

drgry3 wrote: »

hi all i rang black pool today and got no further forward ? i got a letter today from them and they are going to ask for the statement of reasons and appeal against the tribunals decision how much longer will this go on im so depressed now this has been going on since jan 2008 went too first tribunal then it got ajourned until the outcome of the crown court judgement ? been 2 newcastle crown court when they tried to do me for fraud the case was thrown out because off lack of evidence then i went to the 2nd tribunal and was unsuccessful i asked for the statement of reasons because i felt there was a error in law i appealed and got another tribunal this was successful high rate mobility to be reinstated and back dated now they are asking for a statement of reasons and if they can appeal ive got to go to another tribunal this is coming up to nearly 4 years ive got no more fight in me really sick now i will post again when i here more wish me luck bye for now

Ah... if they're going to attempt to appeal the tribunal decision claiming an error in law then this could hold things up a while. You do seem to have been through the mill on this one... doesn't sound like tribunals have exactly been switched on either.... I had a dodgy one in Newcastle.. maybe you did. I think you're just going to have to wait.. assume they have no legal case against the decision of the tribunal or you'll go mad

nicandnoah · 17 September 2011 at 12:10PM

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.

stevehamblen · 19 September 2011 at 12:37PM

Hi there,it is back dated to the original date on the claim form when you filled it out.I won my appeal hands down in october last year and got all the payments from my claim date up to the day of my decision.

SuziQ · 19 September 2011 at 8:13PM

nicandnoah, I don't think you can do anything about your situation, as they date any DLA forms they send and that would, I believe, have ended your original period of application, which is only 6 weeks from when you ask for the form in any case. If you go over that date, they take it from when they receive it-if you had your original form over the date that was given for the form you lose that claim period.

When is DLA backdated from?

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