The GP practice failed to post AA form on to DBU after completing section on client's application. By time this was discovered out of 6 week time limit and although client has reapplied will have lost at least 12 weeks AA. No late claims allowed for AA. Short of suing GP, any ideas?

I am no expert at all on DLA/AA regs/case law, but if you are certain no way you can have backdating you could try this:

Complain... Even if the GP is part of a PCT, they would still be acting on behalf of the NHS. You have full right (well your client does), to access the NHS complaints procedure. Actually, the NHS complaints procedure is pretty much discredited, and not very effective at early stages but perseverance usually pays off in the end. (Social care complaints procedures, which are much more robust, will be extended into health, but not - as I understand it - before 2010 in line with current government policy). However, you will need to access and escalate through the NHS complaints policy - to get things to the Parliamentary Ombudsman where you might get redress for your client if it is not forthcoming through the NHS complains procedure.

One word of caution though, 12 weeks is a long time and the NHS and Parliamentary Ombudsman might well ask what your client did to chase the DWP for a decision. You might find the answer to that question will have a significant as to blame and/or the culpability of the GP.

Good luck!

P.S. Link to the Parlimentary Ombudsman is below:

http://www.ombudsman.org.uk/make_a_complaint/index.html

See Claims and Payments Regs, Reg 6(8) and (9). note the definition in 6(9) for time specified:

' "the time specified" means 6 weeks from the date on which the request was received or such longer period as the Secretary of State may consider reasonable.'

There is a bit more leeway than the 6 weeks if there is a good reason.

Was the original claim form ever sent to the DBU?

If so you can appeal against the date of the award.