I don't think it was clear at all regarding the CP, however there is that lovely catch all phrase at the bottom of the FAQ, "if you want further info call us".
I think you should make a new claim, and send in a covering letter requesting an ex-gratia payment for the loss of carer premium from way back when, on the grounds that previous claims were withdrawn following advice/information from the DBC.
It's obvious that the info wasn't clear enough, cos claimant would have pursued claim if they thought they would get more money.
Whoever makes the decision on ex-gratia needs to be convinced that their poor advice meant client lost out. The guide to financial redress for maladministration (I've spent many happy hours perusing this on the DWP website)is clear that if the claimant asked and was not advised correctly, that this is an example of maladministration, for which compensation is payable.
I think you will need to argue, if unsucessful at first request for compensation,(tactics) that the proforma does not enable claimants to see how they are better off, not least the tension between CA taken into account in full for IS, but CP being added to the applicable amount. The test I bet will be one of reasonableness, could an ordinary man in the street tell from that information what to do?
You can't backdate the claim because previous claims were withdrawn. (Please, someone, correct me if I'm wrong)
In my earlier post I pointed to the two distinct periods for compensation, always supposing this pro forma wasn't used when claimant withdrew earlier claim. I think you might find compensation for the first period OK, but I bet they'll defend to the hilt the pro forma as solving all these problems. Not least that if he didn't understand, he could have contacted them for more info - but then you get into a circular argument, as previous contact had made him withdraw claim., so what made him resubmit?
I'm rambling now.....and I accuse the DWP of opaqueness!
However, it's just one case for compensation, not establishing case law (at this stage), so gotta be worth a shot?
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