DLA was claimed whilst in hospital but the claim form wasn't sent until the person was discharged. DLA has been awarded but the decision states that the pay day will be the following Wednesday. As the discharge was a Thursday the DM is effectively holding back a weeks benefit.

Can anyone point me towards anything to bolster an appeal i'm making? I think reg 22 and schedule 6 of the C&P Regs 87 will help but any further comments would be appreciated.

This appeal was heard today.

The tribunal upheld the appeal as they agreed that (1) the secretary of state had the power to vary the payday for DLA but had not used the discretion available to him; (2) the tribunal has the power to make the decision that the decision-maker should have made; and (3) the tribunal agreed that it was appropriate to change the payday in this case.

The missing six days should now be paid, and this amounts to £85.59. The decision-maker certainly didn't think this one through. He may feel that he's protecting the 'public purse' but the administration and hearing of this appeal almost certainly dwarfs the amount of benefit that stands to be paid.

The £85.59 has now been paid.