Pre 1948 DLA case transferred to ADP

SSS have accepted an application for ADP from my client who was born before 1948 and has an existing DLA award. My reading of case transfer guidance is that he should stay on DLA.

If he does transfer to ADP, he will be re-assessed under ADP criteria and could lose his high rate mobility component.

Does anyone know what the chances are of having the transfer reversed?

Is it an actual transfer (ie did he get a transfer notice), or did he apply?

If he applied, then he is not entitled (reg 4 of the main regs: https://www.legislation.gov.uk/ssi/2022/54/regulation/4).

If he got a transfer notice, I agree that he shouldn’t have been sent one (certainly they don’t have to send one & can’t see a power to do so yet), so raise that with SSS?

(He’s not a ‘relevant individual’ due to his age: https://www.legislation.gov.uk/ssi/2022/217/regulation/3/made
and https://www.legislation.gov.uk/ssi/2022/217/regulation/2/made)

(PS I also suggest contacting colleagues at CPAG Scotland for a response & so they can follow up if it’s happening to others)

Thanks. Those were my thoughts for both exclusions from eligibility. Visiting on Friday to see whether it’s a case transfer or application. If born after 1948, he would be required to transfer before undergoing a review determination and the timescale seems too short for a transfer. As ADP was only rolled out here in late July, I imagine it’s an application as client says he has forms of some sort.

Although Voiceability are the independent advocates for case transfers, they said they were not contracted to assist clients who may have wrongly transferred.

I will let CPAG know the outcome