DLA renewal & start date of new payments

I recently helped a friend with their DLA renewal utilising the site guides. Their current DLA award for LRC ends in Jan 2012. They received the DLA renewal form in August and it was submitted back to the DWP in September.
I just received a telephone call this morning to say they have been awarded MRC and HRM. But the payment for the new award starts in Jan 2012 when their current award ends. I was under the impression if the award was increased it came into effect from the date on the renewal application, assuming the conditions have been present for 3 months. Can anyone clarify ?

Doris wrote:

I recently helped a friend with their DLA renewal utilising the site guides. Their current DLA award for LRC ends in Jan 2012. They received the DLA renewal form in August and it was submitted back to the DWP in September.
I just received a telephone call this morning to say they have been awarded MRC and HRM. But the payment for the new award starts in Jan 2012 when their current award ends. I was under the impression if the award was increased it came into effect from the date on the renewal application, assuming the conditions have been present for 3 months. Can anyone clarify ?

Hi,

Not necessarily.


The award can be 'post dated' by upto three months if it is believed that the increased needs start on the date the new decision was made which is what appears to have happened here.

Hence assuming the date of award is October 2011 plus the three months 'qualifying period' would make the revised higher award start from January 2012, albeit it can be shorter if the DM believes the increased needs had persisted before the award date and supersedes the original award which appears not to be the case in this instances.

Pete

pete17971 wrote:

Hi,

Not necessarily.


The award can be 'post dated' by upto three months if it is believed that the increased needs start on the date the new decision was made which is what appears to have happened here.

Hence assuming the date of award is October 2011 plus the three months 'qualifying period' would make the revised higher award start from January 2012, albeit it can be shorter if the DM believes the increased needs had persisted before the award date and supersedes the original award which appears not to be the case in this instances.

Pete

Thanks for the reply Pete.

I was cautious in stating on the form their condition had worsened nine months prior to the renewal. I've heard of two other case's where a DLA renewal award was increased and payments were backdate to the date of the renewal application. But that could be an error in the claimants favour and not DWP procedure (i.e it could have been viewed as a change of circumstance)

I contacted my friend to pass on your comments. In the meantime they had called the Benefits Helpline this morning who also confirmed payment would start from the end of their current claim. Would I be correct in thinking it's at the discretion of the DM ?

I thought it worth checking because three months of HRM and MRC is a considerable sum compared to three months of LRC.

Doris wrote:

pete17971 wrote:

Hi,

Not necessarily.


The award can be 'post dated' by upto three months if it is believed that the increased needs start on the date the new decision was made which is what appears to have happened here.

Hence assuming the date of award is October 2011 plus the three months 'qualifying period' would make the revised higher award start from January 2012, albeit it can be shorter if the DM believes the increased needs had persisted before the award date and supersedes the original award which appears not to be the case in this instances.

Pete

Thanks for the reply Pete.

I was cautious in stating on the form their condition had worsened nine months prior to the renewal. I've heard of two other case's where a DLA renewal award was increased and payments were backdate to the date of the renewal application. But that could be an error in the claimants favour and not DWP procedure (i.e it could have been viewed as a change of circumstance)

I contacted my friend to pass on your comments. In the meantime they had called the Benefits Helpline this morning who also confirmed payment would start from the end of their current claim. Would I be correct in thinking it's at the discretion of the DM ?

I thought it worth checking because three months of HRM and MRC is a considerable sum compared to three months of LRC.

Hi,

It is not really a 'discretionary' thing on the part of the Decision Maker, more they have to follow the regulations and law relating to DLA.

If ones condition had deteriorated to the extent they should receive an increase in benefit level then it does rather beg the question of why the DWP were not informed at the time that the persons circumstances had changed, as the onus is on the claimant to do so.

Hence the DM would be correct in dating the change from the date the new award was made, with no backdating. The new rates to come into effect once the claimant has had the revised needs for three months.

Sadly one cannot have it both ways, in not informing the DWP of a change in circumstances at the time, one cannot really expect the DWP to backdate benefit when they were not informed about the change in condition.

Pete

pete17971 wrote:

Sadly one cannot have it both ways, in not informing the DWP of a change in circumstances at the time, one cannot really expect the DWP to backdate benefit when they were not informed about the change in condition.

Pete

I understand what you're saying Pete and I do agree. A supersession (change of circumstances) was not requested because their case had been tied up in the appeals system for 36months. So when the original award was made it was only given for 6 months. Then one month later the renewal come through the letterbox. So it was hoped it would also be considered as a change of circumstances as well.

I just felt it was worth exploring. But on another positive note , I must have done something right with the form to get their claim from LRC to MRC and HRM. I'm hoping my own claim is going to be successful this time around, as I used the same formula to complete both forms.