I have a client whose DLA suspended/stopped by DWP. We do not know which at moment. She is definetly entitled to level of DLA awarded. I have appealed decision and asked for further information. The initial award and subsequent renewals were all after EMPs visits and reports. My idea is to make fresh application for DLA without giving care mobilty needs on form and requesting EMP. Any comments on this which would be welcomed

In that you're saying you intend to make a new claim for Care component only, do we take it that the mobility was left untouched and still in payment?

When the DLA was stopped/suspended did the client receive a letter stating so? Have you or the client spoken to DBU to ask why this has happened?

If you aren't sure whether it's suspended or stopped, and you haven't a letter to that effect - ie, a decision notice - then I can't see that you have a decision to appeal at this moment in time?

Apologies for questions, but the posting doesn't really make it too clear.....

The care and mobility were stopped. You are correct that no decison has been made, apart from IS is to be reduced to recover o/p. Client has received letter from Debt management demanding payment of "alleged" overpayment. No decison regarding this has been made or schedule of payments etc been provided. I have pressed DWP for such, however it is likely that this will take some considerable time. Having EMP come out should provide evidence that client not overpaid still more than entitled to DLA both components and may result in benefit reinstatement. I understand the problem of overlap but at the moment I am only thinking tactically. Its maybe a way of playing DWP at their own game?

We have had one similar to this recently regarding an alleged I/S overpayment in 2003. The first the client knew of it was when DWP recoveries wrote to him saying they wanted to recover an overpayment of I/S.

He has never had a decision letter from I/S against which he can appeal. We are in the process of writing both to I/S and Recovery pointing this out, and stating our intention to appeal against the overpayment decision as and when we receive it. In the meantime we are lodging an appeal against to recovery decision.

With client's written Authority safely lodged with the DBU, you should be able to ask them what has happened - what does it say on their notebook for example.....

One other point - we have noticed in the past that when case papers get sent to Recovery by DBU/IS etc, what should appear reasonably straight forward and clear suddenly gets very messy & murky......

the demand for payment presupposes that a revision and overpayment decision has been made - it ought to be a straightforward administrative matter to send a copy of the decision...but in these sophisticated it appears that taking money off claimants comes under 'vital' work, and access to legal rights, and compliance with legal duties comes under 'non-vital' work.

what a travesty of a benefit system!

As long as the DWP ignore the regulations the longer we will prevail methinks. Unfortunately the human element the claimants get caught up in the mess