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query re date of DLA decision

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13 years 3 months ago #63418 by skyblue4u
query re date of DLA decision was created by skyblue4u
Could someone give me adsvise as to wether the DLA have acted correctly in the date of which my son was awarded his DLA from.
We wrote in february requesting a reconsideration of my sons care component due to to worsening heath etc.
They wrote back on the 11/3/11 saying they need more informatioin and that the nesseccary forms must be returned by 8/4/11.
We wrote back saying that this would not be possible due to his worsening condition and was in no state to complete the form or except help to do so. We requested that a delay was nessccary. Bearing in mind we origanally advised them that his change in his health origanally started on 1/11/10.
Again we wrote back saying we had heard nothing from them but the situation had got even worse due to him taking an overdose and again requesated a delay in the returning of his forms.His forms were actually sent in during may. His award was granted but only from 1/4/11. Surely bearing in mind all the circumastances do we have any recourse regarding the date they have used to back date his award to only 1/4/11

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13 years 3 months ago #63460 by Crazydiamond
Replied by Crazydiamond on topic Re:query re date of DLA decision
Your son's award should start from the date the written request was made for an increase due to a worsening health condition in February 2011, because by this time he already had the increased care needs for at least three months on the date the request was made.

As you wrote to the DLA Unit asking for an extension of the time for the return of the forms due to illness there would appear to be good cause, but in any event your son would have been entitled to an explanation why good cause was not accepted, despite the written notification of the mitigating circumstances.

It is also unclear why the award date of 1 April 2011 was selected on the basis of the information you have provided, and therefore it would be advisable to ring the DLA Unit to query the date of award, in view of the fact the initial notification was made in February 2011 and there is nothing in the decision letter (I presume) to explain why the award did not commence from an earlier date?

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

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  • originaldave
13 years 3 months ago #63476 by originaldave
Replied by originaldave on topic Re:query re date of DLA decision
Crazydiamond wrote:

Your son's award should start from the date the written request was made for an increase due to a worsening health condition in February 2011, because by this time he already had the increased care needs for at least three months on the date the request was made.

As you wrote to the DLA Unit asking for an extension of the time for the return of the forms due to illness there would appear to be good cause, but in any event your son would have been entitled to an explanation why good cause was not accepted, despite the written notification of the mitigating circumstances.

It is also unclear why the award date of 1 April 2011 was selected on the basis of the information you have provided, and therefore it would be advisable to ring the DLA Unit to query the date of award, in view of the fact the initial notification was made in February 2011 and there is nothing in the decision letter (I presume) to explain why the award did not commence from an earlier date?


If any of the claim was to do with changes to law on mobility rates then april would be the start date regardless of when you asked

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13 years 3 months ago #63477 by Crazydiamond
Replied by Crazydiamond on topic Re:query re date of DLA decision
The OP was referring solely to her son's DLA care component.

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