I know that a DM decision is not effective until it is notified to the claimant. I have a client who did not receive a DLA renewal decision disallowing the care component, but allowing the mobility component; previously awarded both. The reason she did not receive it is because the village postman was hoarding thousands of items of mail and not delivering them. He was eventually prosecuted and dismissed. This was publicised in the local press, so I have evidence of this.
There was a gap of several months before the client noticed the drop in income being credited to her bank account (ill health and deteriorating awareness). Now out of time for appeal and reconsideration, etc.
I am going to ask the DCS to reissue the decision with a current date, and argue that the decision was not effective because non receipt of the decision by the claimant is part of the notification process. Does anyone have any take on this, or case law etc? Views, advice much appreciated.
John
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