Could someone please help to clarify if the dwp has a legal binding obligation to send a dla renewal claim pack or remainder to client when their fixed term award is coming to an end? Where such remainder or renewal claim form was not sent and the award ended, can a decision of a renewal claim/new claim (within 6months) be back dated to the ended award so that payment continue from the date the last award ended?

i suspect it is an administrative obligation on the S o S, but the DWP do undertake to issue renewal forms on their website.
Sec 76 of SSC&BA 92 allows for backdating if claimant had previously been in receipt of the component claimed.

jj

Sec 76 of SSCBA does not allow backdating of a renewal claim- this was provided for in Reg 5 of DLA Regulations but this was removed on 6/10/1997.

A claimant is now left to rely on Reg 6(7), (8) (8A) and (8B) of C&P Regs:
1. basically a claim is treated as made on the date of request for a claim pack provided a properly completed claim is returned within 6 weeks of the request OR SUCH PERIOD AS THE SECRETARY OF STATE CONSIDERS REASONABLE.

2. In your case, I would argue that the failure to send the renewal claim means that it is reasonable to extend the 6 week period.

I had a similar case a last year which went to a tribunal, The DBC sent a rep who told the tribunal that it would be highly unlikely that a renewal form would not have been sent out and that the claimant was aware that their award was due to run out from the initial notification and should have made enquiries. I made an application to seek leave to the commissioners which was refused and an application for leave to appeal direct, on the grounds that no documentary evidence had been produced by the department. This again was refused on the basis that the claimant knew when the award was due to finish and there was nothing to suggest that enquiries by the claimant should have been made.

yes Martin, my mistake. what could i have been thinking of? : )

the website link is below, and the DWP clearly states that it will invite renewals claims within 6 months of the end of the award. (in my experience it also issues reminders)

a clear administrative policy is implied, and it should be obvious that if the DWP did not accept administrative responsibility for managing renewals, there would be a big politically embarrassing row over disabled people losing LOADSA money because the regulations were RIGGED. this policy does not embrace the argument that the claimant is aware of the end of their award therefore it's up to him/her to claim - quite the opposite.

the original post stated that the DWP did not issue the renewal forms - this sometimes happens, and in the couple of cases i've had, there was no dispute by the DWP - they accepted they had overlooked the issue of claim forms, and accepted the claims from the end of the award. i don't think they were more than 6 weeks late, however.

what's worrying about steve's case is that the DWP should have had specific, not general probabalistic evidence, of the issue of the claim form to the Appellant, and in addition, it put forward an argument contrary to it's own policy.

then worse, the tribunal bought it, and then leave to appeal to the commissioner was refused. their 'independence' really is called into question when they accept even bad arguments which the SoS himself would disown.

if claimants lose money because of a failure to invite renewal claims, perhaps compensation payments should be requested, on the basis of a loss resulting from a departmental breach of its own policy and public undertakings?

jj



http://www.direct.gov.uk/Audiences/DisabledPeople/Money/AZOfFinancialSupport/AZ/fs/en?CONTENT_ID=4019802&chk=qZHOJ0

ike

sorry for the misleading reply - martin's right, the 6 month rule has gone. the question is, how late was the claim? if it was within 6 weeks it would be reasonable for the SoS to backdate, but if it was longer, your client could lose out, and an appeal can't help him. also, is there a dispute as to whether or not a form was issued?

hope some of the above helps anyway..

jj

Thank you all for a very informed clarification. The claimant had other things that occupied their mind, compound with a mistaken believe that the award was continuing beyond the end date due to a misunderstood letter from the dwp.

I shall however, lean on M-Williams’ suggestion (super). The link provided by JJ shows that claimants are lead to rely at dwp invitation for a renewal claim. Thanks hsteve, the dwp are already trying to make it very difficult.

You have all been of immense help.

I had a case a few years ago where the DWP didn't send a renewal pack out and the claimant didn't realise his care component had stopped for nearly 5 years! He is very severely disabled and had gone through a serious health crisis about the time it stopped and somehow or other it went unnoticed. Tried all manner of griping about failure to meet policy intention etc while waiting for hearing, obviously to no avail and to add insult to injury got some pretty hoity responses from various customer service and policy departments in the process. Eventually won it with simple argument that report on which original award was based stated condition wouldn't improve so award for limited time could be revised as based on official error. Was a very extreme case all round, but may be worth bearing in mind should anyone come up against something similar.