If I report a worsening of my condition outside the one month after the qualifying period, and fail to show "special circumstances", should the the decision to increase my DLA be take from the date of receipt of request? Or is the date of the request taken to be the date of the start of the qualifying period?

Just had an unsettling conversation with DBU - I tried to argue the former (after reading SS&CS(DA)Regs Reg 7(9) and Reg 8 and the officer said "Of course the claimant could ask us to look at it again but the risk is that we might then decide to reduce his award."

Feeling somewhat threatened! Is this likely?

Sue

They have to warn you that the whole award falls to be reviewed, just as we have to warn our clients. Whether the award is likely to be reduced depends on the condition and how much help/supervision is reasonably required.
The date of the request isn't necessarily the start of the qualifying period if the cl can show good reasons why they didnt apply sooner.

When I ask for a review of DLA if the cl is in receipt of HRM then I don't complete that part and vice versa for HRC. I just fill in the parts relevant to my cl's deterioration.

It's a difficult one because of the risk of the current award being reduced so make absolutely sure your cl understands that it could, conceivably, be reduced as well as increased and still wishes to go ahead with the review.

But my question is, if there are no good reasons for not reporting the change earlier, is the date of the request the start of the qualifying period?

I think the start of the qualifying period is different from the date of request/notification. So, if someone is already on a low rate of DLA but deteriorates so they fit the conditions for a higher rate, then even if they inform the DWP straight away, they must have had the condition for 3 months etc before they can be paid the higher rate.

If you did not inform the DWP asap the you may have difficulty proving when the deterioration took place but this is a question of evidence.

See Social Security Contributions abd Benefits Act 1992 Sections 72 and 73,pg 134 on in 2004 Social Security Legistation Book (esp discussion at para 1.277)