DLA mob awarded when possibly it shouldn’t have been

My client (age 54) claimed DLA 15 yrs ago with the help of a Social Worker.  At the time it seems he only had upper body problems and his mobility wasn’t really affected but he was awarded HR mob and LR care straight away, indefinitely, to his surprise. He joined Motability and has a Blue Badge.  His care needs have increased over the last few years and in theory he should be getting at least MR care but we are both reluctant to rock the boat, even though mobility problems have now appeared.  Is he in any danger of having to pay any DLA back if he is asked to renew and this possible error is discovered?

The regulations state that it is the clients responsibility to report all and any changes in their condition that may affect the award of Disability Living Allowance. The problem being, of course, is that many clients havent the foggiest what the criteria actually means or why they get certain rates. Some of my HRM clients feel a bit better and ask me if they should be on LRM as their ability to walk has improved, not knowing that the lower rate has to do with guidance and supervision rather than physical walking ability.
I suppose its down to the DWP to prove that he was not entitled to the benefit however your clients GP or consultant may be able to tell the DWP that he was not “virtually unable to walk” during the time they were in receipt of HRM.
Tricky one. The DWP legally may be able to recover but wether they will depends how deep they dig.

Hi,

I suppose it would also depend on whether your client could be expected to know that he wouldn’t have qualified.  After all, what change could he be expected to notify if he wasn’t ‘virtually unable to walk’ in the beginning?  Do you know on what information the award was made - presumably someone gave some information at the initial point - sounds like official error though.

I’ve been involved with at least one case where it was stated at review that the initial award had been made in error.  No recovery of the amounts paid to date was sought as the error wasn’t the client’s.  No further award was made after the review but that seemed fair enough based on the needs at that time.

Do you think your client qualifies for HRM and MRC now - if it’s a strong enough case the risk will hopefully be minimal of loss of award but in this climate who knows?

Mairi

As I don’t have all the relevant facts at my disposal it’s hard to advise with any precision but I would tread very carefully here.  If the Department can show that the original decision was “made in ignorance of, or was based on a mistake as to some material fact” and “the Secretary of State is satisfied that at the time the decision was made the claimant or payee knew or could reasonably have been expected to know of the fact in question and that it was relevant to the decision” then it can revise the original decision and recover the entire amount paid.  It wouldn’t be the first time, by a long chalk.