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backdating dla change of circumstances claim

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5 years 1 month ago #245144 by Sue
Hi, does anyone know if you can get a claim for increased dla backdated? My partner has been getting lower rate care component for years, but about a year ago he became very ill, and was diagnosed with Parkinsons and also a heart condition. He was in hospital and then came home and was almost bed-bound, and people said to us to apply for mid or higher rate dla, but I didn't because his health was slowly improving and I thought I had to wait until it stabilised before I could apply, so that it was possible to tell what was his ongoing long term condition (rather than his recovering-from-hospital condition). Now I am applying for DLA change of circumstances for him, there is a question about how long ago the change happened and why didn't he apply sooner. Is it possible that I can get the DLA backdated to a year ago (when he first deteriorated) and if so, do I have to word the answer in a specific way in order to get this? I'm worried that if I say the wrong thing that we'll lose the chance to get it backdated (if indeed that is possible).
Thanks, Sue

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5 years 1 month ago #245149 by Sue
Just to add to my previous message, these are the reasons we didn't claim for my partner's dla to increase when he first deteriorated about a year ago - would any of these be a valid reason for the dla increase to be backdated (from lower rate to mid rate probably) ?:
- I read on the internet that he had to satisfy the criteria for the increased rate for at least 6 months, so I thought we had to wait at least 6 months before applying for the change of circumstances;
- I also thought his condition had to be stable in the new condition for 6 months before becoming eligible, so we waited 6 months while he slowly got to a point of stability, and then waited another 6 months for him to have satisfied the criteria for the required (or so I thought) 6 months in that condition.
- we physically couldn't apply for at least the first 3 months as we were physically exhausted, getting hardly any sleep his condition was so bad and we had no help, there was no way we could fill a form out, especially a long and complicated one like the dla form!
All comments welcome!
Thanks,
Sue

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5 years 1 month ago #245171 by Gordon
Sue

First of all. how old is your partner? If they were less than 65 on 8 April 2013 then reporting a Change for their DLA will result in a transfer to PIP, this has very different criteria from DLA and you should review this before deciding to notify the DWP.

As a default, the date of your letter will be used to set the start of any new award but you may be able to argue an earlier date, explain what you have in your post but don't be surprised if you are told that you should have told them earlier.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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5 years 1 month ago #245198 by Sue
Hi Gordon,

Thanks for your reply. My partner was over 65 on the said date so will stay on DLA. I just wondered why Q56 on the form asks for the date when his condition got worse, and then the form says that if the date is more than 4 months ago, why we didn't tell them sooner. I wondered if this implied that we could get it backdated more than 4 months, provided we give the right answer and not the wrong one! So worried about accidentally saying the wrong thing, and then not getting it backdated at all!

Sue

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5 years 1 month ago #245229 by Gordon
Sue

You may be able to argue for an earlier date, three months is a possibility, longer will require you to explain why you did not report the change earlier.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Sue

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4 years 9 months ago #249312 by Sue
Hi, in case it's of use to anyone else faced with a similar circumstance, my partner has now been awarded DLA at the highest rate, which is great!! but they didn't backdate it beyond the date that we phoned for the change of circumstances form, stating that it was because we didn't inform them "within one month of the date the change affected DLA" . So it sounds like the maximum backdate you can get is one month, and only if you inform them within one month. Still, my partner is happy that they have awarded him the highest rate, which we think is fair. Many thanks once again to the Benefits and Work website team for the guide we downloaded full of really helpful advice - it worked! Sue

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