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mental illness reason for sending claim late?

  • Nervy
  • Topic Author
14 years 1 month ago #29758 by Nervy
Can mental illness be a reason for sending in the DLA claim form late?

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14 years 1 month ago - 14 years 1 month ago #29766 by Crazydiamond
Replied by Crazydiamond on topic Re:mental illness reason for sending claim late?
Mental illness may be good cause for not claiming at the appropriate time.

Official guidance from volume 1 of the Decision Maker Guide states:-

Health

02621
The claimant’s health should always be considered when looking at good cause.
Claimants who are unable to claim on time because they
1. have a serious illness and
2. were unable to ask someone to claim on their behalf
may show good cause while they are ill. If, after a serious illness, the delay continues, good cause depends on whether the claimant has done all that could be reasonably expected in the circumstances.

1 CS 51/49; 2 CG 207/49

02622
A claimant who
1. is unable to complete a claim form or
2. can complete a claim form but is unable to post or deliver it to the office is expected to ask someone to complete, post or deliver it for them. Good cause will not be accepted unless it would be unreasonable for them to do this.

1 R(S) 21/54


If you wish to cite good cause for not claming on time, you will need to give full details of the reasons why you were unable to claim within the prescribed time limits for DLA.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 14 years 1 month ago by Crazydiamond.

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  • Nervy
  • Topic Author
14 years 1 month ago #29855 by Nervy
I asked this question to an advisor at the Mind charity and was told the DLA people would not consider mental health problems as a reason why it was past the 6 week deadline...

...yet when i spoke to DIAL was told it would be considered.

I asked the MIND advisor again because I saw in the National Autistic Society's pamphlet on DLA mentioning difficulty filling in forms and the Mind advisor is still certain that DLA decision makers won't consider it! :S

Is there a difference between theory and in practice?

Also I was wondering which file The Decision Maker guide was of the Benefits and Works guides. Is there a hyperlink i could jump to?

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14 years 1 month ago #29858 by Crazydiamond
Replied by Crazydiamond on topic Re:mental illness reason for sending claim late?
The Decision Makers Guide is separate from the Benefits and Works guides, but it is available to view HERE.

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

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  • originaldave
14 years 1 month ago #29871 by originaldave
Replied by originaldave on topic Re:mental illness reason for sending claim late?
Nervy wrote:

I asked this question to an advisor at the Mind charity and was told the DLA people would not consider mental health problems as a reason why it was past the 6 week deadline...

...yet when i spoke to DIAL was told it would be considered.

I asked the MIND advisor again because I saw in the National Autistic Society's pamphlet on DLA mentioning difficulty filling in forms and the Mind advisor is still certain that DLA decision makers won't consider it! :S

Is there a difference between theory and in practice?

Also I was wondering which file The Decision Maker guide was of the Benefits and Works guides. Is there a hyperlink i could jump to?



I always thought learning problems allowed late forms....... but not on mental health grounds

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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14 years 1 month ago #29876 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:mental illness reason for sending claim late?
Nervy wrote:

Can mental illness be a reason for sending in the DLA claim form late?


I agree with Crazydiamond, mental illness should be a factor in submitting a late claim for DLA.

Can I ask was this a first claim for DLA or a renewal ?

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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