DLA gave wrong advice for child renewal/adult app

My son is 16 years old and has a diagnosis of ASD. We claimed DLA for him for the first time in September 2012 and he was awarded HRC and LRM from January 2013 for 12 months. We received a DLA adult / first renewal for him and the deadline for sending this back to the DLA was January 2014. I contacted their helpline in December as I had the pack ready to go but was missing the part ‘someone who knows you’. As I am his appointee I had asked school to fill this part in. School were closed and I was conscious that the deadline was looming so I rang the helpline and asked if I should send the pack without that part or to wait until it was complete. I was advised to send it all together so that nothing got lost and it was all actioned at the same time. I was also advised to put a note with the renewal form explaining why the delay if it went over the cut-off date. I was also told that if it was a few days over that would be fine. This is what I did.

Last week I received an application form for PIP which alarmed me as I had only sent the completed application for adult DLA three weeks previously. I contacted the DLA helpline to query why I had received this only to be told that the renewal had been received a few days after the deadline therefore the application was not accepted and my son’s claim had been closed and I would have to apply for PIP as a new claimant. I explained what I had been advised previously and they said I had been given wrong information and to contact the PIP helpline to see if they had received my copies of reports etc as the claim was now with them!

I had spent so much time and effort on the forms only to be told that they were not going to even be looked at and his case had been closed. I had only done exactly what I was advised to do by their helpline. When I spoke to the helpline I had the pack in front of me. I had the form filled out, the reports copied and the 14 A4 pages of additional information written out too. It had all been a waste of valuable time and effort! I was fuming.

I then contacted the PIP helpline and they confirmed that I need to fill in the application form as a new claimant and to send it asap as my son is no longer in receipt of DLA and will not receive any benefit now until his PIP claim is received and processed which could take months as if he needs a consultation there is a waiting list for up to four months.

I have complained directly to the DLA and have requested that my son’s DLA application is processed as it would have been if they had received it in time and that he should be transferred to the PIP scheme in line with other DLA claimants in my area. I have read briefly that those of my son’s age and in our area would eventually be invited to apply for PIP but still get their benefits to prevent any gaps in entitlement. Seems my son is being penalised through no fault of ours, just the belief we were getting the correct advice.

Can anyone advise if I am best just applying for PIP and letting this go? I am mad because I was given wrong information and because of this his claim was closed and he has lost at least 7 weeks of his DLA, assuming he would have been entitled to it again. I don’t know what to do for the best – kick up a fuss about their mistake or just get on with it.

It could be that I can't do anything but I feel a bit better letting off steam on here

Thanks for responding Gordon.

I have the date and time on my mobile when I rang the helpline but I don't think I gave them any of my son's details so I don't think it will be traceable. A lesson learned that's for sure!

Looks like I need to find some time to complete the PIP form

Carrera74 wrote: Thanks for responding Gordon.

I have the date and time on my mobile when I rang the helpline but I don't think I gave them any of my son's details so I don't think it will be traceable. A lesson learned that's for sure!

Looks like I need to find some time to complete the PIP form

Hi C74,

Sometimes phone calls to The DWP are recorded.

Therefore, as advised by Gordon, it may well be worthwhile making a SAR for the recording of the phone call, especially if you have the date and time.

You have nothing to lose by issuing the SAR.

SAR Form Download

From this page :

DWP Data Protection Policy

bro58

I have received a response this morning to my complaint. If I wasn’t wound up before, I am now! They have acknowledged that they had given incorrect information and as an apology would like to compensate us £50 and then went on to tell me that my son’s PIP application is going through the system and is currently with ATOS and I should hear from them in the next 16-18 weeks for an assessment! If the assessment is done in 16 weeks that will make a total of 24 weeks without any benefit, not including the extra time it will take for a decision after the assessment is completed. I know they will backdate the PIP if he gets it but what is he supposed to do in the meantime? At least six months of no benefits. He lives at home with us luckily but what about those who don’t have the bank of Mum or rather Mum’s credit card to fall back on?!

I’m livid that the DLA have acknowledged their error but have no intention of doing anything about it except offer us £50 for the ‘inconvenience’. I had asked them to reinstate his DLA until the PIP had been assessed – as per what other 16 years old in my area are doing but they didn’t answer that query in their response. I knew it was too much to ask but the fact they have acknowledged their error and they have ignored my request to reinstate his DLA at least up to the date they received his PIP form has wound me up. It’s like they think £50 will make everything all better.

RANT over!