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re delay in replying for reassesment of dla

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12 years 11 months ago #54875 by skyblue4u
my son has recently requested a reassesment of his care compontent of the dla care. at present he is on lower rate.but since his request for this re assesment he was last week admitted due to an overdose of medication. since i have had no reply from DLA for me requesting a delay in filling his form in due to his condition i have had no reply.Will they dissallow this claim due to him not being able to respond to the due date of return or our we panicking over nothing. we are now a week over the date they wanted it back by and i have even requested that this reveiw should be back dated from when his new issues arose from. a reply would be helpful or do i ring them on his befalf?

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  • Survivor
12 years 11 months ago #54930 by Survivor
I am sorry that you have not had a reply to this yet. I did not reply because I was not sure of the answer, and I hoped that one of my fellow mods would.

Having double-checked, I can see that DLA cannot be backdated and that there is no leeway on that. On the other hand, the date of the claim is usually taken as the date when you asked for the forms. I am afraid that I cannot find a source of information as to whether this continues to be the case if you exceed the time limit given to you by the DWP for returning the form.

I hope that someone will respond soon who has a definitive answer.

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12 years 11 months ago #54932 by Gordon
As I understand it, if the DLA form is not returned by the required date, then the claim will start from the date it is received.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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12 years 11 months ago #54935 by skyblue4u
Replied by skyblue4u on topic Re:re delay in replying for reassesment of dla
Thannk you both but seems a very severe penalty when hes in no condition even for me to fill in form for him and him just sign, after all we are only asking them to look after his situation due to a very clear and obvious change . but thank you anyway

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  • Survivor
12 years 11 months ago #54936 by Survivor
Replied by Survivor on topic Re:re delay in replying for reassesment of dla
Is there any way that you could do it for him? It is possible to apply on someone else's behalf.

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12 years 11 months ago #54951 by skyblue4u
Replied by skyblue4u on topic Re:re delay in replying for reassesment of dla
Thank you but its to daunting and affraid of not putting piont across. Just casnnot understand why they just cannot wait a week or so till he is in right frame of min d to try do it with us.
thanks for help and advise

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