I don't do many tribunals, so I'm looking for some guidance from the experts on the discussion site...

I'm representing a client whose care component of DLA has reduced from highest rate to nil. His mobility component has remained at the higher rate, but the DWP appeal submission asks the tribunal to consider whether the conditions of entitlement to any rate of the mobility component are satisfied.

It seems strange that the tribunal are being asked to consider this if the higher rate has already been decided. Can the tribunal consider reducing the mobility component ? I was preparing my submssion based just on the care component, but now I'm not too sure.

Thanks v.much for any advice you can give me .

They don't have to consider the higher rate mobility component
but they can especially if there is something in the papers that makes
them think it was a soft award.

If there was no warning in the papers then the tribunal would have to offer an adjournment to allow you to prepare the case but as there has
been notice given in the appeal papers then you will find an adjournment hard to get if the tribunal say they are going to look at the mobility. You will need to go prepared to deal with the mobility
and you need to discuss with your client beforehand whether they want to withdraw to protect the existing award. You don't have to make the
decision on the withdrawal prior to the tribunal you have up until just before the tribunal make their decision to withdraw so you can monitor the position as the hearing proceeds. You should ask the tribunal at the beginning of the hearing whether they are going to look at the mobility.

Many thanks for your advice. That's been a great help to me. Sorry for delay in replying but I work part-time.