new claim for DLA after original claim refused

If someone was refused DLA some months ago, did not ask for a revision or appeal at the time, but now wants to make a new claim - is there a time limit before they can reapply? I seem to think it is 6 months from the date of the original claim, but cannot find anything to confirm this.

There is no time limit for a new claim.

in my experience, a new claim made shortly after a refused claim will generally be refused again unless there’s been a change in circumstances.  at least though, you’ll be able to appeal the new decision.

cheers ros

Thanks a lot for this!

You can put in a new claim and also at the same time ask for an appeal out of time on the previous decision, giving appropriate grounds.

At bare minimum, you would need to state that you believe it is ‘‘in the interests of natural justice’’ for the appeal to be heard out of time.  You can also put in relevant facts, such as the client placed reliance upon the decision outcome notice not realising the potential of putting in an appeal, and you could put in further facts, such as indicate the predominate medical conditions, whether there is further supporting medical evidence, which may evidence the merits of a late appeal etc.

I usually put in on the new claim letter, a reference to the fact that the previous disallowed decision is being appealed out of time, and enclose a copy of that appeal letter.  I similarly, reference the new claim on the appeal letter, and attach a copy of that letter.

I have never been refused an appeal out of time, and would consider putting in a request for a period of up to 13 months post decision outcome, if I believed an appeal was justified on the facts presented.  I have at times put in a submission with an appeal out of time request, if the evidence overwhelming suggested it (enclosing copies of medical evidence), with a request that the appeal be allowed, and the decision be re-visited.  This has also been successful in some cases, both the appeal and the new claim being subject to favourable decision.

Hope this helps.