DLA supersession over pension age

Hi All,

I know that we have been over this before, but just one point of clarification.

If a person receives DLA High Rate mobility but no Care can they request a supersession?

A client, who is significantly over pension age receives no care component. The condition that they were awarded DLA for affects their ability to settle and sleep at night and they say that it has deteriorated.

They have other conditions that affect their ability to carry out the activities outlined in DLA but these have developed since they were 65. These conditions also affect them day and night.

My question is can they apply for a supersession on the grounds of the pre-existing conditions, if there is a chance that they will get Middle or Higher?

Can they include conditions that have developed since they were 65?

If we are talking about someone who was 65 on or before 8 April 2013 (i.e. who was born on 08/04/48 or earlier) then there is no restriction on their ability to request a supersession for the middle or higher rate care components. There are only restrictions in relation to accessing the lower rate care component and the mobility components (being the parts which don’t have analogues in AA).

If we are talking about someone who was born on 09/04/48 or later, then reporting any change is going to result in a transfer to PIP.  The PIP award could include daily living and/or mobility components. If they were not happy with the outcome for PIP, they could opt to have a shot at AA instead.

First thing you need to check is whether they were over or under 65 on 8 April 2013.  If she was under 65 on 8 April 2013, then reporting a change of circumstances will mean that your client will be invited to claim PIP instead.

If she was over 65 on 8 April 2013, then yes they can ask for their DLA award to be looked at again and consideration given to middle or high rate care component. With usual caveats that there is nothing stopping DWP also considering mobility component entitlement so worth checking you think she still qualifies there as well.

Okay that is just creepy Paul - almost word for word!

Haha, great minds think alike and fools rarely differ Elliot :-)

Great stuff. The client was over 65 in April 2013. They receive high rate mobility, so there is nothing to be looked at on that side of the claim.

The description that they give, of night time activity, indicates that they can at least qualify for middle rate DLA. My concern was that, while the condition that made them eligible for DLA has significantly deteriorated, the conditions that were made a more compelling developed after 65 & I wanted to use both for a supersession.

Thanks for that I’ll stick in a supersession based on both pre-existing and newer conditions.

That’s been a great help and as someone who retains so little information, seeing it twice is extremely useful!