Morning all, My client is appealing against a decision not to award him a backdated Winter Fuel Payment for 2007/8, having been awarded one for 2008/9. The reason he did not apply for 2007/8 is that he had cataracts and could not see to complete the application form; at the time he was not getting any support with his affairs. I did not become involved until 2009, and helped him apply for the backdate in April 2009. The appeal has gone to the tribunal stage, we are awaiting hearing date.
The DWP are maintaining that as he made the claim 'outside the prescribed time limits' that he is not entitled, and have used some caselaw that, on reading, does seem to support that argument quite effectively. I know that there is not a lot of discretion involved in WFP but has anyone got any experience of successfully getting a backdate at this stage, or can you suggest any caselaw I might use?
Many Thanks
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