I have recently retired after 25 years of Welfare Rights Advice. My last case brought up an interesting matter concerning DLA. The case involved a woman of 20 who was mentally disabled. Her Parents did not claim DLA until they heard about it when the daughter was 20, they claimed and DLA and it was awarded. However when a person reaches their 16th birthday they have to, by law,claim their weekly benefit in their own right. Because the daughter did not have the mental ability to complete the Form her Parents did so on her behalf. On the Form there is a referance 'Are you completing the Form for somebody else. if so why?'. The Parents wrote down that their daughter was mentally disabled. When DLA was finally awarded some four years later, they were advised to seek a Review on the following grounds-; The Department were fully aware of their daughters disablement, they had completed the Form for weekly benefit when she was 16, the Parents told them she was disabled but they did not even tell them ablout DLA or send them a Form. Clearly, it was a departmental mistake. Four years DLA arrears were awarded as was compensation. Sorry for the long post but as many people as possible should be aware in case it applies to them.
