Dla Reconsideration taken 9 months should it be back dated

General health and lifestyle
1

Just wondering if anyone can help. My son has been receiving DLA mid rate care since October 2012. We did push for night time care needs and therefore high rate care but were told that his needs were not enough more than a child with no disability so he was only awarded mid rate. We accepted this. We then received a renewal pack in May 2014 (just before his 4th birthday) so we sent it off again detailing his night time needs. They received the claim on 2nd June 2014.

We received the decision on 28th July that they wouldn't increase his claim to higher rate, This time I wasn't willing to just accept this so requested a mandatory reconsideration. After they lost my request, TWICE, the reconsideration was finally logged on 28th August. It has then taken them until 2nd February to finally reach a decision. They have awarded higher rate care but only from 6th October. I cannot understand why only back to this date and not back as far as June. I have missed the office opening hours and wondered if anyone could offer any advice before I speak to them in the morning. Just so i know where we stand.

What would have happened if they had accepted the claim originally and increased it in June would we have been paid straight away?

In which case we are loosing about £24 per week for around 18 weeks back pay. this doesn't seem fair just because they have taken 9 months to reach a decision.

Whilst typing this I think i remember his review date being October 2014 but surely if we have reported a change in June it should go from that date not from his review date. If we had reported a claim that had meant he was no longer entitled i have no doubt they would have stopped it straight away not just from the review date.

Any advice or information anyone can help me arm myself with will be greatly appreciated, this whole process seems to have been 1 step forward 2 steps back and its getting incredibly stressful now.

2

your best bet is citezen advice i use them and there good bout getting u the money u deserve and do u mind me asking what is wrong with ur son just im hoping high rate daily and low mobilty xx my medical in 3 weeks

 

3

Hi Kayla,

The rate should be back-dated from the claim date, not when they changed the decision.

Once you make a DLA claim and it is accepted at certain rates, you can request them to look at the Higher Rate Care as long as it is within one year from the original claim date. This will allow you to claim back from the original Claim Date, not from when you asked for a reconsideration on the first claim. This would be all back-dated, because you asked for the claim to be reconsidered within the first year of the claim for any DLA Component.

There is a clause somewhere in the pack regarding a 3 month back date, I think this is if you make a claim outside that year, but I'm not 100% on this with pulling that information out. I can probably get to it for you by tomorrow.

I have all the details from my own application regarding the Higher Care Component.

Regards,

Les.

4

Hi Kayla,

Here is what I have from the DWP dated September 2014.

Bear in mind, I applied for an increase only once which was in June or July 2014, which was for the Middle Care Rate to be increased to the High Care Rate.

If I had applied for the increase from my initial claim date within a 13 month period, then the award would have been increased from the initial date and not the date that I applied for extra help for High Rate Care.

Did you only initially receive the DLA Award for 3 years or was it indefinite?

I just wondered because both of mine are granted Indefinite, because of all the health issues I have, medications which is over 30 a day, and 5 injections every 10 weeks at the hospital. My wife cares for me, daily and all night - I wish I could do more but being disabled for over 30 years now, and in that time I have only became worse, not better. Every day and night is an effort, I lose track of time - my wife has to make sure I take the correct medication at the right times, I nearly overdosed without even knowing, and the medications I am on are Class A and C. Having my wife available 24/7 is okay, but I wish she could have a break sometimes, living with a serverly disabled person is not easy at all.

If you disagree with a decision you can always take it further, I know some people take their DLA/PIP matters to their county MP. This will normally get the results you want, because they sit in Parliment and can work on your behalf with the DWP.

Don't bother with CAB, many people have lost DLA and PIP even getting their forms filled in by these people. Someone at a professional level will have more leverage than anyone else, a GP is okay, but may charge and you could still lose. This is why I would suggest your local MP - check with your local council when the MP has drop-in sessions or you could ask for a home visit, if you apply in writing.

Just a few ideas for you and information. If you have any other questions I will gladly answer them for you.

Regards,

Les.