Appeal hearing

Hi everyone

My daughter made a renewal claim for DLA for which she had been in receipt of high rate care and mobility. She received a nil award and appealed she isstill waiting for an oral hearing 12 month after applying for her DLA. How long does it usually take to be given a date. She has already lost 12 months woring tax credt because of this and can anyone say ifshe does win her appeal if she is entitled to claim backdated tax crdit if she wins the appeal?

Thanks for your advice and good luck with your claims.

jewel wrote:

Hi everyone

My daughter made a renewal claim for DLA for which she had been in receipt of high rate care and mobility. She received a nil award and appealed she isstill waiting for an oral hearing 12 month after applying for her DLA. How long does it usually take to be given a date. She has already lost 12 months woring tax credt because of this and can anyone say ifshe does win her appeal if she is entitled to claim backdated tax crdit if she wins the appeal?

Thanks for your advice and good luck with your claims.

Hi,

If she has already waited 12 months, it would be worth contacting your nearest Tribunals Service Office to enquire how long the waiting list is.

The tribunal may be quicker if she is willing to accept a tribunal at relatively short notice.

With regards to back payment of benefits, normally if the tribunal is successful benefits are back paid to the day after the previous award expired (provided there is no 'break in the claim and the forms were returned on time etc). Although we do not deal with Tax Credits on the forum, I should imagine it will be the same as with other benefits. However it maybe worth confirming with HMRC or another member here maybe able to advise you.

Pete

jewel wrote:

Hi everyone

My daughter made a renewal claim for DLA for which she had been in receipt of high rate care and mobility. She received a nil award and appealed she isstill waiting for an oral hearing 12 month after applying for her DLA. How long does it usually take to be given a date. She has already lost 12 months woring tax credt because of this and can anyone say ifshe does win her appeal if she is entitled to claim backdated tax crdit if she wins the appeal?

Thanks for your advice and good luck with your claims.

she will have lost the amount thats about £1,000 of working tax credit thats tied into the DLA higher rate care she should in many cases NOT lose the other amount

see here

www.hmrc.gov.uk/manuals/tctmanual/tctm02530.htm

and here

www.hmrc.gov.uk/manuals/tctmanual/TCTM02500.htm

for example someone who needs to talk with a CPN would get it

My partner has been waiting 19 months for his appeal, they have cancelled twice.
his appeal is now booked for 28th June, we got fed up with waiting and contacted our MP who also got nowhere until I phoned our local paper a reporter phoned our MP for a comment, Mp refused to give one, but she did call us and told us she had written to Chris Grayling, A few days later we had an appeal date.

Might be worth considering going down that route too.

Good Luck.