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Application for DLA retrospectively, possible???

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10 years 9 months ago #123946 by bobreeduk
Hi All,

Sorry is this has been covered elsewhere, I've looked but cannot see anything similar...

I have been diagnosed with a mental health condition since 1999; I got my self into university and have studied since about that time as it stopped my mental health problems being quite as bad as they could be when not doing anything.

My council kept sending me council tax exemption notices after they had checked my student status up until 2003, at which point they just kept sending me exemption notices without checking with me. In 2005 I became a part-time student which made me ineligible for the exemption, unbeknownst to me at the time.

In 2010 the council gave me a bill for nearly 7 years worth of council tax, luckily I managed to reduce the £8000 bill to £4000 through getting the student exemptions I was entitled to at the time the bill was supposed to be due. Unfortunately, I was living off my war pension so didn't need to get any benefits that would have got me council tax benefit at the time (not that I am eligible anyway).

I currently get a Severe mental impairment exemption on my council tax based on getting DLA but this only goes back to 2012.

My question to my learned forum members is: Can I get a DLA decision backdated to as far as my medical evidence will support? I have a Atos war pensions medical that outlines the conditions that I got my DLA for which would allow me to wipe out the debt (which I'm unable to meet financially).

Thanks for any help you can offer

PS they have a liability order due to the judge not being willing to hear my case on the basis it was too complicated.

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10 years 9 months ago - 10 years 9 months ago #123947 by Gordon
BR

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I am afraid that I cannot think of any legal precedent that would allow the retrospective back dating of a DLA claim before prior to the date of the initial claim, if there had been then any opportunity would only have been available when the initial Decision was made and you are now well beyond the maximum timescale for challenging this.

It is a basic principle of Social Security benefits that it is the responsibility of the claimant to claim when they believe they become eligible, some benefits carry limited backdating (often 3 months) but this is not the case for DLA where the claimant must show that they met the qualifying criteria for 3 months before an application will be accepted.

Gordon

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Last edit: 10 years 9 months ago by Gordon.
The following user(s) said Thank You: bobreeduk

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10 years 9 months ago #123948 by slugsta
BR, on the assumption that you will have to pay the debt, have you approached any of the services charities for help?

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10 years 9 months ago #123949 by bobreeduk
Replied by bobreeduk on topic Application for DLA retrospectively, possible???
Yes, unfortunately the RBL got stuck in a bit of a loop with the council, ended up getting me paying more than I was at the time and then spent so much time in not replying (I assume due to workload) that I then couldn't appeal to the LGO as it was then out of the 12 month time limit.

:(

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10 years 9 months ago #123950 by slugsta

Bob a Job wrote: Yes, unfortunately the RBL got stuck in a bit of a loop with the council, ended up getting me paying more than I was at the time and then spent so much time in not replying (I assume due to workload) that I then couldn't appeal to the LGO as it was then out of the 12 month time limit.

:(


Oh dear! :(

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