Payment of DLA care component abroad prior to 10/07

Any help would be gratefully received as this is a new area for me…

Client moved to an EEA country in August 2005 and returned in 2009.  Facts are a little bit scetchy and require some more clarification but it appears that when the client returned to the UK he contacted the DBU and requested re-instatement of his DLA (both components).  He was asked to complete a new claim pack and was refused on the basis that he did not meet the disability criteria. An appeal is in the system against this decision.  Meanwhile a payment of his previous care component award was made for the two month period form the date he returned to the UK to the date the decision was made refsusing his ‘new claim’.  An ex gratia payment was made for the period 18/10/07 (the date of the ECJ ruling which allowed exportation of the care component) to the date of his return to the UK. 

DMG14/08 states (IF I have understood it correctly) that where someone had a care component award and left the UK after 5.5.05 and made an in time appeal against the decision to terminate their entitlement then the DWP can revise, i.e. pay back to date they moved abroad.  It appears that my client did not appeal his decision but I’m wondering if there could be any scope to argue that his claim should also have been re-instated from the date he left the UK which was August 2005.

Any thoughts??

It does indeed!  Thanks Alan