I have a client that put in a claim for DLA in June 2007. At the time he was getting Incap Benefit. I didn't get involved until sometime later when his DLA was refused.

His appeal was heard in March 2008, awarded mrc so would have then become entitled to IS because of the sdp. Put in claim for IS. DWP appealed decision, and it was set aside.

Second appeal heard Nov 2008, again mrc awarded, again new claim for IS made, again DWP asked for SOR, but didn't appeal.

Have asked for details of any previous claims for IS, but at the moment records seem to lost at Hayward.

From what I can tell from his support workers no claim for IS was made when original claim for DLA made - so can't get IS backdated to 2007 - but can it be backdated to March 2008 or only to Nov 2008?

Thanks

JK