Client going to appeal regarding a backdate of DLA. Awarded from 15/11/04 but client believes that entitlement should be backdated to January 2004 as this is when her condition deteriorated but she did not apply for a supersession until December 2004. She was too ill at the time of her deterioration to apply. Anything that can help this client?

Hi John,

The client usually has one month, within which to notify the Department of a relevant change of circumstances in order to be paid any increase in benefits from the date that the change took place. However, there is an absolute time limit of thirteen months within which to notify the change, from the date that the change takes place. The application for an extension of time must contain the following:

1. Details of the change of circumstances

2. Reasons why the client failed to notiofy the change of circumstances within the one month period.

3.In addition you have to show that it is reasonable for the request to be granted, the change of circumstances is also relevant to the decision you want changed and there are special circumstances which mean that it was not practicable for the change to be notified within the original one month time limit. ( Reg 8(3) Social Security & Child Support ( Decisions& Appeals) Regs 1999.

You state that the client was too ill to make the application, when the deterioration in health first took place. Therefore, this could constitute special circumstances which caused the delay in notifying the change. You would almost certainly have to provide some decent medical evidence, which would need to cover the period in question and as the delay in applying was lengthy ( 10 months)the evidence would have to be fairly compelling.

You mention in your posting that the client has appealed the decision not to backdate the increase in DLA to January. Was any of the above maentioned in the grounds of appeal or original supersession application? If not, the Tribunal has discretion as to whether to deal with these matters, as they were not included in the original grounds of appeal. In my experience though most Tribunal Chairs will deal with issues such as these if you raise them in advance ( i.e written submission in advance of hearing) and on the face of it they can see that there is an arguable case.

Hope this helps. Best of luck with the appeal.

Mark

Cheers Mark.