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Dla

Candyfloss

Is it an Error Of Law to refuse you DLA after winning appeal.I was refused this but never took it further and accepted this.

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Comments

loopyt

I am no expert and I am sure you will receive replies from someone who knows the answer to your question but I think if you won your appeal at tribunal unless the DWP appealed the decision it should be allowed.

BenefitsTrainingCo

Candyfloss,

Was the appeal about DLA or PIP? Sometimes even if you win the appeal you don't get paid for a while because the DWP ask the tribunal for a statement of reasons and sometimes appeal further. This can delay you getting your benefits for a long time - depending on whether the DWP actually get permission to appeal further.

Do you know if this might be what has happened here?

Will

Candyfloss

Thanks for your reply .Appealed 7 yes ago but was told I wasn't eligible as DLA was a taxable benefit .I was given Income Support and a premium which continued .My frustration is caused by the fact that if I had been given this I might not be in the position placed apon me where I have to appeal again.I was diagnosed with a new chronic illness 1 yr ago,don't know if If I can put in a new claim.As it stands even although my income Support continued after ESA assessment a call changed to wrag then a letter followed to say I was not entitled .Needless to say I have lodged a mandatory consideration as I have been given 3 different decisions and am livid that they can do this.Your advice would be appreciated.

Topkitten

You can apply as many times as you like if you get turned down or your situation changes though I think there is a minimum between each application. Unfortunately benefits often rely on one another and a lot are based on having DLA or PIP.

As far as I am aware DLA is not a taxable benefit though I am not an expert on that.

Hopefully someone who is an expert can fill in the blanks for you.

TK

BenefitsTrainingCo

Hi @Candyfloss

Hmmm... I'm not sure this is DLA that you're thinking of, but Incapacity Benefit, as that was the previous benefit that the DWP commonly paid Income Support instead of in the past - it was on it's way out 7 years ago, but still there. There would never be a scenario where the DWP would pay Income Support instead of DLA.

DLA is also not a Taxable Benefit, where Incapacity Benefit was.

From your description above, I'm not 100% sure what has gone on with your current claim - Are the DWP saying you are not entitled on medical grounds, or is it that you have somehow been paid contributions based ESA which has now ended?

Either way, the decision taken 7 years ago would not affect the current one I don't think, as the rules (both regarding criteria for limited capability for work, and indeed contribution based benefits) have changed. You have taken the right action in requesting the Mandatory Reconsideration, and I would just treat it as a totally separate matter.

If you really think there was an issue with a DLA decision, then I think you need a specialist to look at the paperwork you have to try and figure out what happened. Maybe try a local CAB or Welfare Rights.

Hope this helps.

Kind regards,

Mary

Candyfloss

Hi Candyfloss here Now have representation .My Query is before this was put in place I sent my own MR letters.Will the MR be from that date.or will it be held from later MR from Workers Union.I have these letters to post but don't know if this is will hold up every thing.Please respond asap.Thank you

CockneyRebel

Hi Candyfloss

If you have already asked for MR it could already have been done. If you want to send more information do it straight away and it might be included

CR

Candyfloss

How long do u wait for MR as I won't sit on my laurelsif they mess me about any more. This was requested Over three weeks ago but I suspect they will keep me hanging as long as they can hoping I will buckle and starve so that my only recourse the Job Centre.Although If I can get housing benefit based on my Occupational Pension and help from family I will try and stick it out as well as letting my MSP chase this up.I should add that I received one of the letters requested namely the ESA assessment on Friday 27 of last week..Any advice please.Thank you.