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Top Disability related benefits topic #102

Subject: "Special Rules" First topic | Last topic
Caldera
                              

Senior Benefits Policy Adviser, Adults and Community Care, Surrey County Council
Member since
23rd Jan 2004

Special Rules
Mon 09-Feb-04 09:54 AM

You may be interested to know that, following concerns about DLA decision makers refusals to consider claims under the Special Rules procedures unless a particular box had been ticked, fresh internal guidance has been issued to DMs by their senior management. This reads as follows:

"Special Rules

Box not ticked on claim pack. DMPG (Decision Makers Procedural Guide) Chapter 5 para 5 & TMG (Team Members Guide) Chapter 8.30 para 19 et seq make it clear that it is only necessary for the customer or a person writing on their behalf to indicate that the customer is dying, for the claim to be considered under the Special Rules. It is not essential that the TI box is ticked."

I raised this through a group called the Standards Committee Consultative Committee where DWP representatives meet quarterly with people from the advice sector (local authority and voluntary)to try and improve the quality of DWP decision-making. I have no more information than the above, but advisers might find it useful to quote from if they're still dealing with inflexible officials who insist it can't be done because of some unspecified policy.

  

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Replies to this topic
RE: Special Rules, andyplatts, 11th Feb 2004, #1
RE: Special Rules, gary johnson, 12th Feb 2004, #2
RE: Special Rules, chris white, 13th Feb 2004, #3

andyplatts
                              

Team Manager, Welfare and Employment Rights Servic, Leicester City Council, Leicester
Member since
11th Feb 2004

RE: Special Rules
Wed 11-Feb-04 11:06 AM

Thats good news. We had a more acrimonious liaison meeting than usual last time with DLA Unit over this issue only last October when they refused to budge (seem to remember leaving slightly grumpy postings on previous forum about this).

I know you said you have no more info but if you get any is it poss to post to Rightsnet? Presume that DPMG is not same as DMG?

  

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gary johnson
                              

Welfare Rights Manager, Bedfordshire County Council Welfare Rights Service
Member since
27th Jan 2004

RE: Special Rules
Thu 12-Feb-04 12:47 PM

I have always found it difficult to advise clients under special rules and obtaining DS1500 etc. Apart from the obviuos sensitivity around these cases, there are advice work issues in how far you discuss the special rules with clients or their familiies. One thing that has alawys concerned me is that although a client may be unaware that a claim has been made under special rules the notification letter states that the award is made under special rules. How do you deal with changes in circumstances if the client makes recovery etc?Any thoughts? Tips/tactics? Ta

  

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chris white
                              

Benefits Officer, Training & Policy, Scottish Association for Mental Health
Member since
21st Jan 2004

RE: Special Rules
Fri 13-Feb-04 07:12 AM

Following on from the original message regarding the internal guidance issued on special rules.

The new guidance was issued as was pointed out because of issues raised at the Standards Committee Consultative Group and should now be used by DM's.

If anyone experiences any problems with using this when the T1 box is not ticked then they should feed that back towards a member of the Consultative Group.

I can't speak for other members of the Consultative Group, but people could certainly feed in through contacting myself.

  

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Top Disability related benefits topic #102First topic | Last topic