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Top Disability related benefits topic #1287

Subject: "DLA revision client over 65" First topic | Last topic
Jane Crawford
                              

Benefits & Income Adviser, North British Housing Manchester
Member since
08th Dec 2004

DLA revision client over 65
Thu 10-Feb-05 11:19 AM

Client is 66. She requested revision and has had DLA increased from middle rate care to HR care and HR mobility. Her mobility needs started after she was 65. DLA have confirmed it is correct to award mobility when needs arose after 65. Also they put a 6 month waiting period on the award (like with AA). I queried why it was not 3 months as DLA, they said it was because she was over 65!!
Anyone know if this is right??

  

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NeilMc
                              

General Advice Worker, Cardiff Law Centre
Member since
06th Jan 2005

RE: DLA revision client over 65
Thu 10-Feb-05 12:09 PM

That sounds iffy!, unless the request was made, or treated as made no later than the day before her 65th B/day.

If over 65 cannot claim DLA unless can be treated as having made the claim before reaching 65 (Regs 3, schd 1 DLA regs; reg 4(1) C&P).

If the needs did arise after 65, unless there has been some change to regs?, then cannot get mobility at all!. Is it possible that she was getting the higher rate mobility rather than the Mr care? Wouldn't be the first time a client confused the two.

My understanding is that even if on mobility prior to 65, can you can not move rate at all. And there is the absolute age limit of 66, again would need to show the mobility need arose prior to 65th birthday.

Has the hallmarks of an overpayment in progress.

Will await developments.

  

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Top Disability related benefits topic #1287First topic | Last topic