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Requesting DLA Paperwork.

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5 years 9 months ago #233995 by Vulcanxh558
Requesting DLA Paperwork. was created by Vulcanxh558
I wonder if anyone can help me with this enquiry please.
My wife has been on maximum DLA for Care & Mobility for over 15 years. Last week she received her DLA to PIP invitation so I phoned to complete part one on her behalf. During my conversation I asked if I could have a copy of her last (2010) DLA application form and a copy of the reasons for the award made by the decision maker. I wanted these to use it for reference when completing the PIP2 book.
The lady I spoke to told me that as the DLA form was originally submitted in paper form the DWP no longer keep these on file and that they will have been destroyed, she could only send me a letter telling me when the award was made.
Can anyone tell me if this is correct, I thought the DWP had to keep some sort of copy of your benefit applications in the event of an historical query regarding a claim?
I would appreciate any advice from either the forum moderator or any other B&W member, thanks.

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5 years 9 months ago #233997 by BIS
Replied by BIS on topic Requesting DLA Paperwork.
HI Vulcanxh558

The information you were given is perfectly correct and the DWP do not hold records that length of time.

In terms of your wife's PIP claim there are large differences between DLA and PIP and you should treat it as if you are applying for the first time.

DLA looks at generic care needs in regard to bodily functions, PIP looks at the claimants' specific ability to carry out an activity such as eating. DLA was awarded because the claimant needed an amount of care (in time) during the day, the night of both, to help them with that bodily function. PIP looks at the claimants' ability to complete specific tasks within the activity and is points-based, these are clearly defined and it is easy not to score points because the claimant has not shown that they meet those specific criteria.

DLA treated the use of aids as a reason to reduce the amount of care needed, PIP treats aids as an indication of disability and in general they score extra points.

DLA's care need was reasonably generic, PIP treats prompting, assistance and supervision as different activities and as a result, they can score different points.

DLA required that the care was required for the majority of the time, for PIP it is the majority of days.

For PIP activities must be completed reliably, this means

• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.

Although DLA considers these terms, they are poorly defined as they are implemented through Case Law rather than being defined in the legislation as they are for PIP.

Do use the PIP guide to help you fill in your form.
www.benefitsandwork.co.uk/help-for-claimants/pip

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 9 months ago #233999 by Kab
Replied by Kab on topic Requesting DLA Paperwork.
I think you'd be very surprised what the DWP keep in regards to paperwork, it may not show on the current system, however one can make a Free SAR request to all DWP departments for any all or any records they hold, if you don't specify a time frame or which department be prepared to receive a mountain of paperwork.
www.gov.uk/guidance/request-your-persona...or-work-and-pensions

BIS is correct regarding DLA and PIP being vastly different, so it’s best to follow the up to date guides as BIS linked regarding your wife’s application for PIP. Start collecting and collating evidence now whilst awaiting the forms arrival, could be approx 14-17 days. You can call and get a two week extension to returning as its dated the day you make the initial call.
Start reading the guides fully to get an idea of the descriptors and start making notes now on responding to questions on the form.
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