I have a tribunal coming up. Claimant is in receipt of DLA - low care only - awarded long before they reached 65. They had serious deterioration in health just before they reached 65 but only sought increased DLA award after their 65th b/day. DWP readilly accept claimant is now virtually unable to walk but refuse mobility due to age.

Am I correct in thinking that providing tribunal 1) accepts the condition got worse before 65, and 2) there are 'special circumstances' for notifying the change late (Decision & Appeals reg 8??) then mobility can be awarded ? (per DLA regs schedule 1 para 1 & CSDLA/388/2000 paras 27-30). Will also be seeking higher care component as well of course.

Any reassurance would be helpful! .. jim

I would say a DLA award can be revised/superceded after the age of 65 on the basis of change of circs that happened before the age of 65 & the pre 65 disability tests will be applied - if that makes sense. In other words if tribunal accept change of circs means has been virtually unable to walk since before age 65 they can award higher rate mobility.

The special circs bit is to get full backdating rather than have award increased from date of notification of the change.

Thanks Euan, the reasons for decision states

'CofC increased needs from 30/06/03. Lateness cannot be accepted. I accept ... is unable to walk but as ... failed to notify us before 65th birthday cannot qualify for HRMC'

DLA regs Sched 1 para 1 deals with revision/supersession of existing award after age 65.
sub para 1) set out circs, i.e. pre 65 award DM satisfied that dec should be revised/superceded.

sub para 2) 'not precluded....from entitlement to either component....solely by reason that he is aged 65 or over when the revision or supersession is made'

sub para 3) ..as long as change of circs occurred before 65.

commissioner Parker's decision CSDLA/388/2000 may be relevant - it is available on Rightsnet - although I couldn't get the link to work. I've not read it & so perhaps it shows I am wrong.

I would argue that although reg 7)para 2) & reg 8) of the decs & appeal regs determine the effective date of the supersession not the effective date of the change of circumstances. They do not alter the actual date the change occured & do not nullifies the above. As I see it your client is being refused solely because the effective date for the supersession is after they turned 65.

link to CSDLA 388/2000

..... http://www.rightsnet.org.uk/pdfs/CSDLA_388_00.mht

Hi Shawn,

the paragraph numbers are now different. In the version I got from Commissioner's site it just runs from para 1 through to para 40. It was para 28 - 30 'the effects of the schedule' that seemed useful for me.

But in the new starred version it runs paras 1 to para 17 then goes to 1 again and the next paras run 1 - 12 then theres another para 1 right at the end. In this version its paras 1 - 3 (not the first paras 1 - 3 but the second lot of paras 1 - 3 ... if that makes sense!!

got me confused!! .. jim

hi jim -

got the decision from the old court service site, so don't know what's happened there?

- shawn

this sounds totally different to my query "DLA revision client over 65" where we were asking for care comp to be increased from middle to high rate & DLA awarded HR care and HR mob. Something is not right!