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Backdating dla claims

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If this does not include reasons for the decision you have the right to written reasons within 14 days. Time limits for appeal You must appeal within one month of the date of decision. If you have asked for written reasons for the decision then the time limit is extended by 14 days. If you miss the deadline you can lodge a late appeal if there are reasonable prospects of your appeal succeeding and it is in the interests of justice to allow you to appeal.

You must have 'special circumstances' which are relevant to the delay: examples include that your spouse or dependent has suffered serious illness, you live outside the UK or that postal services were disrupted. You can also download it from www. You must give details of the decision you wish to appeal against, such as which benefit is involved and the date of the decision, and details of why and how you think the decision is wrong.

Sign it, take a copy and make sure it is received at the DWP office within the one-month time limit. If it is revised then your appeal lapses if the new decision is more advantageous to you - even if it does not give you everything you wanted. To continue with your appeal you must start again with a new appeal within one month of the revised decision. If it is not more advantageous, then your appeal will go ahead against the revised decision. You will have one further month in which to give further arguments and evidence for your appeal against the new decision.

The DWP may decide to revise the decision yet again in the light of the further information and evidence you provide; otherwise the appeal will go forward for hearing. A decision is more 'advantageous' if more benefit is paid, the award is for a longer period, a denial of benefit or disqualification is lifted, an amount of recoverable benefit is reduced, it reverses a decision to pay benefit to a third party or you will get some financial gain.

Misconceived appeals Your appeal will be struck off if it is misconceived. This is defined as one that is 'frivolous or vexatious' or 'obviously unsustainable and has no prospect of success'. The DWP will explain why they think the appeal is misconceived. Test Cases pending The outcome of your appeal may depend in some way on the result of another case pending at the courts.

If this happens the Secretary of State will require the tribunal or Commissioner not to make a decision on the appeal but to refer it back to the DWP until the test case is decided; or to deal with the appeal, in which case the tribunal or Commissioner will either hold the appeal until the test case has been decided, or determine it as if the test case had been decided unfavourably to you.

If the result of the test case turns out to be favourable the decision should be superseded. When the DWP send your appeal to The Appeals Service they will also send you a copy of their submission on your case together with a pre-hearing enquiry form. This asks you to choose whether you want an oral hearing or a paper hearing - in other words, do you want to attend the hearing in person?

PINNT suggest that it is better for patients to ask for an oral hearing, as the full extent of your care or mobility needs may not become obvious until you are asked at your appeal. Make sure you return the pre-hearing enquiry form within 14 days. Read the submission the DWP sent to you so you can see where you might need to dispute it, and if you haven't already done so, see if there is a local advice centre that can advise you and perhaps support you during the hearing itself.

The tribunal need not consider any issue that is not raised by the appeal; however if there is any part of your award you are not happy with then say so. It is important to remember that the tribunal can only consider circumstances that existed at the time of the decision you are appealing against and if your circumstances change in the time you are waiting for the appeal to be heard then you should consider making another claim.

Write to the clerk giving reasons. If the hearing is still carried on in your absence, you will have to get help in applying for a 'set aside' assuming you disagree with the decision. You are entitled to have someone with you to represent you and you can also bring a companion along for support. The Appeal Tribunal can be made up of one, two or three people depending on the issue under appeal and in the case of DLA a typical composition will be a lawyer, a doctor and a person experienced in the needs of disabled people.

The President of the Appeal Tribunal may decide to include an additional member if they think further experience is needed. The Appeal Tribunal itself may decide it needs to call on an expert to attend the hearing or to give a written report, but this person won't take part in the Appeal Tribunal's deliberations. It is important if you are 'feeding' during the day for several hours to go to the appeal attached to your feed. If you are feeding when attending the hearing, you can discuss your requirements with the clerk beforehand about accessibility and what facilities are available and how your needs can be met in order to enable you to be present at your hearing.

You can and should ask for whatever you need - this is the only way to gain improvements for people with disabilities and to make them aware of the problems you face. If you need a break during the hearing for example, to go to the toilet, to take food or medication or to see to your feed then ask them for help!! Remember that hearings often run very late and sometimes people are sent home without the hearing having taken place. Medical Examinations The Tribunal cannot ask you to undergo a walking test for the mobility component of DLA nor carry out a physical examination for any benefit other than a Severe Disablement Allowance or Industrial Injuries Benefit appeal which involves an assessment of the extent of your disability.

However, if necessary the tribunal can refer you to a medical practitioner for an examination and report, but you should not rely on the DWP or tribunal getting the medical evidence. Where at all possible you should arrange to get the medical evidence yourself beforehand and it helps if you can sort out what the important issues are first, so you can get medical evidence that focuses on these issues. To get a copy of the statement of the reasons for the decisions, you must apply in writing within one month, asking for a 'full written decision'.

This may take up to three months to arrive. You'll need this statement if you disagree with the decision and decide to appeal to the Social Security Commissioners; you will not generally be able to lodge an appeal without it. This is more complex and may take more than a year. The Social Security Commissioners' website www. However, if your condition changes then you are able to make a fresh claim.

You are much more likely to succeed with an appeal if someone who is familiar with the procedure can help you. There are a number of people and agencies who can advise you on preparing your appeal and support you at the hearing. You may contact your local law centre address may be available from PINNT if you can't find it in your telephone directory. Law centres can give benefit advice.

Your local Citizens Advise Bureau may also be able to help you and you can obtain forms and leaflets from them as well as advice. They may be able to represent you if you have a problem or an appeal or they can at least tell you if there is a law centre in your area or any other organisation that could provide a representative. If you are in a union, contact your branch to see if anyone can help you there. A local DIAL group or other disablement advice centre may be able to offer advice and, in some cases may be willing to represent you.

Keith Hollywood Benefits expert contributed to this article. In conclusion if you have not been paid the premium and wish to bring a case call Keith on or e mail him at keith. Your email address will not be published. Tax Credit Premium must be paid The Guardian newspaper reports that families with disabled children have been denied payments of a premium on Tax Credits. In practice this is every applicant because there is a question on the claim form asking if children are in receipt of PIP or DLA.

The law S20 states that: 4 Where the Board have reasonable grounds for believing that— a a conclusive decision relating to the entitlement of a person, or the joint entitlement of persons, to a tax credit for a tax year is not correct, and b that is attributable to fraud or neglect on the part of the person, or of either of the persons, or on the part of any person acting for him, or either of them, the Board may decide to revise that decision.

Our argument is that: Child Tax Credit has not been correctly calculated. This satisfies Section 20 4 b. Therefore there has been an incorrect calculation of entitlement. As a consequence HMRC can lawfully make back payments of up to five years.

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DLA - Am I entitles to any other help??? After speaking to some other parents in similar situation who all received high rate, I decided to challenge this decision. I'm please to say that high rate care has been granted, my only question is regarding the backdating of this. They have granted it from the day i asked them to look at my claim again and not, from the day i've was orginally entitled to dla april I asked them to look at the decision again as I thought their decision was wrong rather than because there had been any recent significant changes to the care my daughter requires and i thought i'd made this clear on my application.

Does anyone know if this is correct or should i contact them regarding a backdate for the full period? See last answer. Your browser cannot play this video. Becky 6. No Fla r correct they will only backdate the claim to when u asked them too look at it again. Signature Feel so lucky go have my wonderful and gorgeous children. Search for a thread.

Think that's correct they only back date from when looked at, think now it's only a month anyway xxx. Other special needs chat DLA help!!!! Other special needs chat DLA renewal. Your claim will start on the date the form is received or the date you call the enquiry line if you return the claim pack within 6 weeks. There are special rules if the child is not expected to live more than 6 months, so they can get DLA more quickly.

Phone the Disability Living Allowance helpline to start your claim. Ask a doctor or other healthcare professional for form DS You can challenge a decision about your claim. This is called asking for mandatory reconsideration. To help us improve GOV. It will take only 2 minutes to fill in.

Cookies on GOV. UK We use some essential cookies to make this website work. Accept additional cookies Reject additional cookies View cookies. Hide this message. Skip to main content. Home Benefits Benefits and financial support if you're disabled or have a health condition. To apply you can either: print off and fill in the DLA claim form phone the Disability Living Allowance helpline and ask for a printed form Disability Living Allowance helpline Telephone: Textphone: Relay UK if you cannot hear or speak on the phone : then Video relay service for British Sign Language BSL users - check you can use this service Monday to Friday, 9am to 5pm Find out about call charges.

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This follows a pilot involving no more than 10, people who will be moved between July and July , although this may change due to the impacts of the coronavirus outbreak in the UK. You can find out more about this in our universal credit section. If you met the qualifying rules before your date of claim, HMRC will backdate your claim up to 31 days.

If you are claiming WTC only, you should attach a letter to your claim form asking for this backdating. You will only get backdating for the period you met the qualifying rules; so if you only met the rules, for example, two weeks before your date of claim, you will only get two weeks' extra money. You should check your tax credits award notices carefully to make sure any backdating has been included properly. If you think you should have received backdating and have not, then once you get your first award notice you will need to ask for the decision to be reconsidered, and if necessary, then appeal the decision.

See our appeals section for information on how to do this. If you claimed childcare support through the Tax-Free Childcare TFC scheme before claiming tax credits, the 31 days backdating may be limited to the date your TFC support ended as you cannot claim TFC and tax credits at the same time. The exception to this is where you have opened a TFC account and subsequently closed it without paying any money out of that account in which case the tax credit claim can be backdated by up to 31 days into the TFC entitlement period.

If your circumstances change while you are on tax credits, and you qualify for extra elements to be included, you should contact HMRC straight away so they can be added to your claim. If you met the rules for the new elements before you told HMRC about the change, they can backdate the change to your award up to 1 month, but you will need to ask for this. Some disability benefit claims and asylum applications take months, even years, to get sorted out and you could miss out on a lot of tax credits if you do not ask for backdating at the right time.

The disability-related elements of CTC and WTC are only included if you, or someone in your family, get certain disability benefits or payments. Sometimes, these start being paid once you have made your tax credit claim, or you need to wait until the benefit starts to be paid to qualify for WTC.

If you have had to wait to hear about getting a disability benefit paid, you might want to have your tax credits backdated to the date you claimed it. These rules only apply if you are able to make a brand new tax credit claim at the point you hear about the outcome of your disability benefit. If, by the time you hear about your disability benefit, you can no longer make a claim for tax credits then you will not be able to access the longer backdating even if you could have claimed tax credits at an earlier date.

Instead, you will need to claim UC. If you have claimed a relevant disability benefit that will give you entitlement to WTC including the disability element you need to make your claim for WTC within 31 days of the decision on your disability benefit. If you make the claim within 31 days, your WTC will be backdated to the start date of your disability benefit as long as you met the other qualifying conditions for WTC during that period or, if later, the date you started to meet the other qualifying conditions for WTC.

This means that if it takes some time to decide your disability benefit entitlement, you will not lose out on any WTC. If you claim universal credit our understanding is that you cannot also make a claim for tax credits to cover a backdated period leading up to your universal credit claim. Andrea is single, aged 30 and works 25 hours a week. She is not entitled to WTC because she does not work 30 hours.

Andrea applies for personal independence payment PIP due to her disability on 1 May If she does not make the claim within those 31 days, she can still claim WTC but will only receive 31 days' backdating. If you now qualify for extra elements to be included because you or someone in your family start getting a qualifying benefit, you should contact HMRC straight away so they can be added to your claim.

You should be able to have the extra elements added in from the date you claimed the disability benefit provided you tell HMRC within one month of the date of the decision on the qualifying benefit claim. The DLA is not awarded until 12 October If you are granted refugee status, your claim for tax credits can be backdated to the date you claimed asylum, but only if you claim tax credits within one month of the decision granting you refugee status.

Any backdated tax credit payments you get will be reduced by the amount of Government support you were given for living expenses during the time you were waiting for your asylum claim to be decided. This is called asking for mandatory reconsideration. To help us improve GOV. It will take only 2 minutes to fill in. Cookies on GOV. UK We use some essential cookies to make this website work.

Accept additional cookies Reject additional cookies View cookies. Hide this message. Skip to main content. Home Benefits Benefits and financial support if you're disabled or have a health condition. To apply you can either: print off and fill in the DLA claim form phone the Disability Living Allowance helpline and ask for a printed form Disability Living Allowance helpline Telephone: Textphone: Relay UK if you cannot hear or speak on the phone : then Video relay service for British Sign Language BSL users - check you can use this service Monday to Friday, 9am to 5pm Find out about call charges.

Print entire guide. Explore the topic Benefits and financial support for families Benefits and financial support if you're disabled or have a health condition Financial help if you have children Benefits and financial help Elsewhere on the web Claiming benefits if you live, move or travel abroad.

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