PLEASE, does anyone work for department of working pensions, i need advice on a DLA question RE backdating

[loopylou6]

have also posted this in chat as wasnt sure whichthread would be better

My dh was born with a disability effecting his leg tendons, he got DLA from a young age, but when he started working he lost the DLA even though it was a space made especially for him in his dads company, anyway, to cut a long story short, he tried re applying for DLA a few years ago but was turned down, he has re-applied recently and has been given the higher rate mobility and lowest carers thingy indefinately , anyway i have spoken to someone today who has suggested that we appeal as the DLA should never have been taken from him, she reckons that they will backdate from 7 years, is she right? is there really a chance that they would cough 7 years back pay? TIA

thread would be better

there is stuff on the appeals process here

You can apply for "revision" or "supercession" of the orignial decision

From a quick read for the "revision" option (which would give backdating) it looks like you only have a month from when the decison to stop DLA was notified to appeal the decision unless there are special circumstances - the only one that might apply is "offical error" I think, don't know if you have any evidence supporting this?

"Official error cases [SSCS (D&A) Regs 1999 3(5)]
If a decision can be shown to be wrong because of official error the Decision Maker can revise the decision at any time. By official error we mean an error made by an officer of the Department for Work and Pensions or HM Revenue & Customs which no person outside of either Department caused or contributed to."

for the "supercession" option stuff is only backdated to when you raise the appeal, so no use as you son already has DLA again, so in effect the decision to stop DLA has already been superceded.

Hope that helps?

thanks BB, will have a good read through