It's a bit long so I apologise now. I've 3 days days to consider leave to appeal directly to Commissioner as this has been refused by Chair.

Male with Downs Syndrome and in receipt DLA MRC. Lives with pensioner mum who has mental health problems and in receipt of DLA MRC since 1996. Benefits correct since early last year after case check on a change of address. This is when it came to light he might likely be entitled to sdp.

Appeal dismissed. Decision not to pay him arrears of sdp to date mum awarded qualifying benefit (10 years). Tribunal agreed there would have been entitlement due to circs but that DWP had never been informed of mum's award, only of her RP.

Decision based on the fact that this coc (mum's DLA) had not been reported within 13 months SS(D&A)Regs 1999 8(3)(b)

A family friend had always completed IS forms and it seems he had never disclosed the mum's DLA for whatever reason. The only evidence in the submission is an A2 form from 1994 which states mum on 'Old age pension' which was signed by her but apparently completed by this family friend. Appointee has requested his full file of papers to see if there's anything there. This could take a long time judging by past performance.

Appointee had told tribunal his mum had had her benefits checked regularly. I don't know by whom so I can't confirm whether this is correct. Shouldn't they have looked at whether mum ever disclosed this on any of her claim forms or would they argue it wouldn't be relevant to son's claim.

Do you think this is a runner? I don't like giving up but realise we have limited grounds for Commissioners cases.

If your client was already on IS when mum's dla was awarded I think that the tribunal was wrong to treat award of dla as change of circs and therefore needing supersession.

I think amount of IS should be revised under reg 3(7) of D and A regs. No limit to "backdating" under this provision. See p840 cpag handbook and note to reg 3(7) on p 547 of Rowland.

Cheers

Ros

thanks very much Ros