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A shared experience of loss of DLA from Email

28/07/2008 13:33

 "I've put in for a revision, along with numerous supporting letters from the consultant, G.P etc and the Citizen's Advice legal people have also written in detail to DWP supporting my request. It is just a case of waiting on that now.


Meanwhile in consequence of being no longer disabled!!! (Have DWP found a miracle cure for HIV?) and losing my entire income support; although I am now entitled to Council Tax benefit, the local authority want £770 from me that Income Support were going to pay upto next April.

And.......

....the DWP fraud department has now written to me saying I was overpaid income support between 2002 - 2007 because my circumstances changed. (They haven't from 1994 until now when DLA was removed), and want me to pay this money back. Just a mere £20294.44, they reckon!
It's going to take them a mighty long time to extract all that from the £62.50 Severe Disablement Allowance I'm now left with. It is so ludicrous it is laughable.

All this as a result of losing DLA.

CAB have come across situations like this before apparently.

As you can imagine it is not too beneficial to my stress levels, especially as my health isn't particularly brilliant at the moment."

reply.

Thank you for this. We don't often hear about the impact of loss of DLA and it is very important we do as it lends itself to the burden of evidence.

If they are basing your Income Support payment on your DLA decision than it seems odd they are clawing back this money from the period you indicate.

You need legal advice. Call THT or approach www.lawworks.co.uk and see if they will find you a "Pro Bono" lawyer to take on your case.

Did you go through all the appeal process through to Commissioner?

You are in my thoughts,

John. 

I thought when this whole

I thought when this whole process began that the DWP stated they were not interested in clawing back money which possibly could have been overpaid if they decided there was a change in circumstances...no matter how far back they deemed that was.

I seem to recall at that first DLA Review meeting that the THT and NAM held back in January that it was brought up then.

As John has suggested I would contact a lawyer or welfare rights person immediately and also get in touch with your local MP who might get involved in championing your case.

 

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