I am looking at the very same thing myself and looked up Rnet tro see if anyone had the answer...and there was your question!
As I read TC(C+N) Reg 26 (3) if you have an existing claim for WTC (as oppsed to making a new claim), unless you notify that you are seeking/appealing DLA etc such as, on success would bring you into entitlement to the disability/severe disability element then you are stuck with the max 3 mth backdate provided for in Reg 25. Only if you notify of what you are doing can the element be included to that earlier date of notification. I think therefore you can get 3 mths backdate.
The situation seems far more favourable for IS claimants who become entitled to a qulifying benefit and can have their IS award revised form the start date of the qualifying benefit once a decision on the qualifying benefit is made.
I agree entirely that to think of notifying the TCO that you are seeking DLA or going for a supersession when you have no idea whether the result will affect DLA seems to impute far more knowledge and foresight than seems reasonable to a TCO claimant. Hence intrinsically unfair!!
Sue
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