Can someone help me interpret DLA regs Schedule 1 paras 5 and 6?

My client was 65 on 4 November 2004. She had an award of LRMC with an end date 8 June 2005. On 23 March 2005 a decision was made that the award would not be extended beyond the end date, but my client took no advice at the time and missed the deadline for disputing that decision.

In July, relying on paras 5(3)and 6 of Schedule 1, we made a new claim for LRMC. Despite us making reference on more than one occasion to the appropriate schedule, the department have insisted on treating her claim as one for Attendance Allowance (and therefore disallowed the claim).

Before we appeal I want to confirm that the relaxation of the age limit afforded by the above paragraphs continues to apply if the department have made a decision since the claimant's 65th birthday that there is no entitlement to the rate of benefit in question(as opposed to an award having expired and no previous application having been made for it to be renewed).

My initial thinking on this is that the Schedules you mention cover situations where someone has not made a renewal after they have turned 65. If they do so within one year of the award ending then they can continue (for ex) to recieve LC DLA. But, in your case it seems the renewal has already gone in (actually before the person became 65) in which case you would not be covered by this provision.

So, why not submit a late appeal against the refusal to renew the DLA (decision dated 23/3/05)? I would be looking at this regardless of the above schedules. Remember, all you need show is that there are reasonable prospects the appeal will be successful. You could say, for ex, that this is shown by the fact that the claimant was already on LC and their condition has not changed and/or as an experienced welfare rights officer you think there are reasonble prospects after your assessment etc.