DLA - contact the school

[debs40]

It gets better. I have claimed DLA and they have written to say they are contacting the school.

That'll be the end of that then!

Has anyone else had this?

This is just a clerical error. If you made your claim in Feb 2010, then clearly the Tribunal have tried to backdate it until Feb 2010 but someone has put 2009. Otherwise why would then have put 2009.

There is a thing called the 'slip rule' which should allow the order to be re-opended simply to correct a clerical issue. You need to ask for that to be done.

There should be no need for a further Tribunal.

Debs, its not a clerical/typing error apparently.

I made my claim in Feb 2009, just before ds turned 5 years old. So any decision awarded is based on Feb 2009 and in Feb 2009, ds was 4. So by law, they can only award higher rate mobility. So i either have to make a fresh claim as from now or go to Tribunal to explain the situation in the hope they will award from March 2009 (when ds turned 5).

It contained a false proposition of Law and the wrong test was applied

Oh it just keeps getting better, i can make a fresh claim, but it wont be dealt with until old claim is resolved. How do i resolve old claim - tribunal.

First Tribunal was just about meeting criteria and i could cope with that.

This is Upper Tier Tribunal, much more complicated, all points of Law. I think i am a bit out of my depth.

I know the 5 points of Law which are used, but trying to get my head around them

This is bollocks, i have to take them to tribunal, to get the wrongly applied Law removed from decision, which will mean that ds wont be awarded any rate of mobility, just care comp!

I have to go through all this hassle, so they can take money awarded away. Ive heard it all now.

Oh I see. Sorry, I misunderstood. Well how stupid. Why on earth were they making awards for benefit clearly beyond their power??

When was your Tribunal? Clearly, they have put you at a disadvantage because had they told you at Tribunal that benefit could not be awarded until DS was 5, you could have made that claim again. The claim has been made erroneously but they should have been able to spot that and dismiss it on those grounds, allowing you to make a claim once DS reached 5. As it is, you are being forced to make a fresh claim later than you could have.

I am off on hols now for the weeekend but I would put a complaint in writing about this to the Tribunal because it looks like a rooky mistake that any decent Tribunal (and to be frank any benefit agency) should have picked up on and I would ask CAB for some advice as benefit advice is an area of specialism.

Debs, yes it gets complicated doesnt it!

I made claim for DLA in Feb 09, which was refused. I appealed, 1st tribunal date was in June 09, this was adjourned for further evidence until Dec 09. Dec 09 they scheduled another hearing, but allowed same panel to sit, so this was disallowed and further date set for March 2010 with a new panel. Decision was made in March 2010 to award low rate mob and care.

Reading the written reasons as to why the lower rate care was awarded, they havent followed the law much either in reaching their decision and i could appeal on any of the 5 points of law, they seem to have broken them all!

But i really couldnt be bothered with all the hassle of upper tier tribunal and points of law. So i thought i would go for supersession instead ie accept the lower rate and apply again with changed circumstances as i clearly meet the night time requirements first time around and should be awarded middle rate care.

Seems they have made up my mind for me, if i have to go to upper tier to get their wrong ruling removed, i must as well go for it and point out all of their mistakes.

I have a bit of legal experience, but by no means an expert. Once ive drafted something, i might ask you to read it over if thats ok and you have time, no offence taken if you are too busy of course.

I will phone the tribunal service again on Monday, to see if there is any way around having to go tribunal etc and try and get out of it if possible. If not i will start drafting, i only have until the 15th of this month to lodge an appeal. Jack of all trades, master of none!

Anyhow, hope you have a lovely weekend Debs.