9 years 10 months ago#122446by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
DLA claimants and PIP. was created by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Mods and members will recall a story quite a few months ago where it was stated that DLA claimants who were maliciously reported as fraudsters would be forced to claim PIP as it would amount to a 'change of circumstances'.
I'm pleased to report that I recently challenged this decision for a client of mine at a DLA preliminary hearing before lodging a formal appeal.
Judge N. Warren dismissed the case after stating ' A DLA claimant who's claim is genuine, but is maliciously reported for fraud and after investigation is found to be entirely innocent, then there can be no 'change of circumstances' and therefore there are no grounds to supersede their claim'
Please note this will not be reported as a decision, because I sought a preliminary hearing before an official appeal was requested. I understand the Decision Makers Guide will advise DM's not to treat malicious allegations of fraud as a' change of circumstances' unless fraud can be proven to it's next update.
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION.Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Dorothy2, slugsta, sarahjane , chrissy v, an ex nurse, Puccalove, Wil
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