How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32426
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

I am the appointee for my daughter who is a woman with

Customer Question

HelloI am the appointee for my daughter who is a young woman with complex needs.She is in receipt of Disability Living Allowance, higher care (since Jan 2018) and mobility componentsShe transferred from residential care to supported living in 2016. I rang and wrote to the DWP to inform them of the change but they said there was no change in the process and I should carry on submitting claim forms for the time she came home.Fast forward to last autumn when I found out from the manager of her home that other people in the same situation, were in receipt of the higher care component of the DLA and had been given the back dated pay to when they moved into supported accomodation.While my daughter has been awarded the higher component of the DLA since Jan 2018, the DWP have refused to give her the back dated payment to 2016.I have appealed and it's now going to tribunal.I do have proof that I wrote to them but not the letters as my laptop was stolen in Sept 2016.Do I need to take a solicitor with me at the hearing? What can they spring on me?Many thanksBest wishesMarina
Submitted: 10 months ago.
Category: Law
Expert:  F E Smith replied 10 months ago.

Hello for clarification - what is the reason they are refusing to back date?

when is the hearing?

Customer: replied 10 months ago.
The DWP have not given a reason. I did speak to a manager who was surprised the backdated payment hadn't already been awarded.
I sent the tribunal papers yesterday.
Many thanks
Customer: replied 10 months ago.
when are you going to call?
Expert:  F E Smith replied 10 months ago.

I am going to opt out of this for another expert. Please don’t reply otherwise it comes back into my inbox.

Customer: replied 10 months ago.
Are you UK solicitors or American?
Customer: replied 10 months ago.
Given that the response is taking longer that your website led me to believe, I would prefer a reply by email.
Many thanks