Scenario is that client claimed DLA under the 'normal' rules, and was refused. Claim is now at appeal. Is it possible to now ask the tribunal to consider the claim under the special rules? Sec. 66 states that a terminally ill person must make a claim expressly on the ground that (s)he is such a person. Which kind of suggests that this must be expressed at the time of the claim. I have searched but cannot find any caselaw on this issue. Any advice/opinions? or can anyone point me to any relevent caselaw?

Thanks

Sara

You need to ask your client to send in a letter of conversion to special rules. The file should then be sent to medical services for advice as to whether the special rules apply, and if so, from when. The DM would then either reconsider or supersede the original decision, depending on the date from which special rules apply. Clearly if that is the date of claim then the appeal would lapse. As a PO I have been faced with the situation where the rep. has turned up with a conversion letter at the appeal. In those circumstances the tribunal is able to consider whether special rules apply and award accordingly. Hope this helps.

That's really helpful Caroline. Thank You. Are you able to direct me to any regs. or guidance to support this approach just in case I run into any problems at the tribunal- which is next week?

Thanks again.

Sara