I have a number of service users who have been in long-term hospital or residential care but are being discharged into supported accommodation. Many have DLA awards dating back pre-1998 (when the rules about challenging decisions by way of revision came into force). Some of these original awards are inappropriate and I would like to challenge them by way of revision, but of course when the award was made the rules for revisions did not exist. Of course now the rules that existed at the time of the original awards dont exist! It could have a big impact esp as DLA mob is not taken into account as part of the res care charges and also some could benefit as the award was made prior to admission to hospital.A colleague mentioned there was a thread in the past on this issue. Please can anyone point me to it and also any guidance on this issue will be very welcome! Thank you. Ferhana (bhogf001@leicester.gov.uk and ferhana202@aol.com - please e-mail me both at work and home!!!)

I think what you want is Para 4 of Schedule 16 to the The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (SI1999/2860), which is the order that brought the new decision-making system into effect for DLA/AA on 18/10/99.

Para 4 provides that any AO decision made before 18/10/99 shall be treated as a SofS decision. It therefore can be revised/superseded in the same way as a post 18/10/99 decision - I think!

The Commencement Order is here:

http://www.legislation.hmso.gov.uk/si/si1999/19992860.htm

Thank you Keith.
Regards, Ferhana

Ferhana, a bit off the subject & apologies if you already know this. I've only recently found out that DLA have a person who can deal with 'multiple enquiries'.

I'm currently assisting 17 of our tenants who moved out of residential care into their own tenancies to get their care components put back in payment. I'd originally started the process on an individual basis then attempted to do them as a group but without success. Anyway I eventually found out the name of a person who can deal with them as a group which has really helped. I'm a bit reluctant to give the persons details here but I can e-mail details to you if it would help. .. jim