Can anyone point me in the direction of relevant case law. Client made a new claim for DLA but it was refused on the basis that the client would not satisfy the 6 month forward qualifying period as his condition was likely to improve following surgery(claim made 10/1/05). Client has arthritis and had a knee replacement in Feb 2005(however despite knee replacement continues to have mobility and care needs).

Hi Karen,
Try R(DLA)2/01 and, particularly, paras 58 to 69 of R(DLA) 3/01. It's the evidence available that appertains between the dates of claim and decision. Evidence from after the decision date can be used, as long as it relates to the period in question. I used this earlier this week in a tribunal. The client was recovering from a corrective operation that happened between date of claim and decision: they won their appeal.

You might also look at CDLA/1564/04.

Sorry, I'm not smart enough to put in hyperlinks.

here you go......

R(DLA)2/01 @ http://www.dwp.gov.uk/advisers/docs/commdecs/01_02/dla_201.asp

R(DLA) 3/01 @ http://www.dwp.gov.uk/advisers/docs/commdecs/01_02/dla_301.asp

summary of CDLA/1564/04 in rightsnet briefcase

Thanks for the help