Won a DLA appeal for my client's partner a few years ago, he got middle care, high mob. Client works, has a low income and dependant children, she claims tax credits. About 18 months ago they (Inland Revenue) wrote to her asking if any member of the household was in reciept of DLA. She replied by sending them a copy of her partners DLA award notice. The Inland Revenue (as was) then gave her the severe disability element. She was quite happy.
Now she's had a letter telling her that she mis informed them and they want to recover an overpayment.
The client never asked to be awarded the severe disability element and was only given it when she responded to their enquiry.
Now appealed, complained etc etc etc (yet again).

Unbelievable!!!!!

I have exactly the same case and I am awaiting a response/appeal date at the moment. My client had queried the higher award by telephoning the TCO customer enquiry number. She was repeatedly told the severe disability element was correct. I tested this by telephoning TCO and asked an adviser a general enquiry about DLA awards and how this would affect tax credit award etc and the response was unbelievable. The adviser told me how the different rates of DLA were paid similar to IB rules - ie after 28 and 52 weeks increased to higher rates and this attracted severe dissability element, I asked several questions around this area and offered him the correct details and he dismissed this and insisted the information he was giving me was correct. I recorded details of the time of call, adviser and what was discussed and have cited this in my letter of appeal as well as complaining to TCO advising of such ludicrous advice giving.

Have you asked for a copy of the recording of your conversation with them?

Apparently if you can give enough detail about time/date of call and who you spoke to they can send you a recording. We've been told that this is no problem because all telephone calls are recorded, we've never had occasion to have to ask yet though.

I'd be very interested to know the outcome if you do request a copy of the record of your phone call with them!

Regards

Nicky

Classic! Your comment is making me grin from ear to ear.
I'll get straight onto it. Thanks.

Emma

:-D Like this?!!

This gets better,(NOT)

Client has been back in because they've now stopped all payments and told her she is not entitled. When I phoned them up to point out that the client's daughter was still in full time non advanced education they said that they knew this, it was entered on the computer, but the computer would not make any payments. They could not explain why. They just said they would inform some department or other and could give no time scale as to when this latest computer "glitch" would take to sort out.
Client going to local tax office to pick up interim payments, but it's not very convienient, ie cost/time to get there etc.

And we thought the DWP were bad?