DLA form not received

A client requested a DLA Child pack on 4 January 2024.  The form was completed with the help of Maximus (support agency for asylum seekers who have been granted asylum).  The form was taken away by the member of staff to copy and post.  The form never got to DWP.  The member of staff no longer works for Maximus and they appear to have no record of the form. 

I asked the client to get another DLA child claim pack which they have done and based on the information, this claim is likely to succeed.  I have asked that the claim be considered wef 4 January 2024.  The only evidence the client has is the address sheet sent with the 4 January form which has the date of request (4 january) and the date the form should be returned.

Under the regulations, I have no chance of getting the claim considered from 4 January 2024 but wondered if anyone else had come across anything similar and if there is anything I can do.

If the new claim is successful, I am minded advice the client to pursue Maximus perhaps with some legal help. 

Would welcome any thoughts.

Shabir - 01 August 2024 01:22 PM

A client requested a DLA Child pack on 4 January 2024.  The form was completed with the help of Maximus (support agency for asylum seekers who have been granted asylum).  The form was taken away by the member of staff to copy and post.  The form never got to DWP.  The member of staff no longer works for Maximus and they appear to have no record of the form. 

I asked the client to get another DLA child claim pack which they have done and based on the information, this claim is likely to succeed.  I have asked that the claim be considered wef 4 January 2024.  The only evidence the client has is the address sheet sent with the 4 January form which has the date of request (4 january) and the date the form should be returned.

Under the regulations, I have no chance of getting the claim considered from 4 January 2024 but wondered if anyone else had come across anything similar and if there is anything I can do.

If the new claim is successful, I am minded advice the client to pursue Maximus perhaps with some legal help. 

Would welcome any thoughts.

Looks like you have essentially done this. What about treating it as an application (with added emphasis) for an extension of the normal 6 week period citing the extenuating reasons and citing Reg 6(9) SS (C&P) regs 1987 (there is evidence a request was received by an appropriate office for a claim pack satisfying paragraph 8). Referring to the subsequent form (assuming there has not been any material changes). 

‘[F50(8) [F51Subject to [F52paragraphs (8A) and (8B)]] where–

(a)a request is received in an appropriate office for a claim form for disability living allowance or attendance allowance; and
(b)in response to the request a claim form for disability living allowance or attendance allowance is issued from an appropriate office; and
(c)within the time specified the claim form properly completed is received in an appropriate office,
the date on which the claim is made shall be the date on which the request was received in the appropriate office.

[F53(8A) Where, in a case which would otherwise fall within paragraph (8), it is not possible to determine the date when the request for a claim form was received in an appropriate office because of a failure to record that date, the claim shall be treated as having been made on the date 6 weeks before the date on which the properly completed claim form is received in an appropriate office.]

[F54(8B) In the case of a claim for disability living allowance or attendance allowance made in accordance with regulation 4(6B), paragraphs (8) and (8A) shall apply in relation to an office specified in that regulation as they apply in relation to an appropriate office.]

(9) [F55In paragraphs (8) and (8A)]–

“a claim form” means a form approved by the Secretary of State under regulation 4(1);“properly completed” has the meaning assigned by regulation 4(8);“the time specified” means 6 weeks from the date on which the request was received or such longer period as the Secretary of State may consider reasonable.]’

https://www.legislation.gov.uk/uksi/1987/1968/regulation/6

Edited for typo.

Andy much appreciated. I had overlooked reg 6(9) of the SS (c&p) regs. Thank you for pointing it out.

Shabir - 02 August 2024 06:05 PM

Andy much appreciated. I had overlooked reg 6(9) of the SS (c&p) regs. Thank you for pointing it out.

Hope it helps Shabir! Not surprised, Reg 6 has so many paragraphs and goes on for ever.