Have come across a 76 year old learning disabled woman who was placed in residential care in Jan 2004. Before that she was living in a supported tenancy and received DLA high rate care & low rate mobility. It has come to light that, due to an oversight on the part of her appointee (housing association support worker) the DLA renewal was not sent off - this happened around July 2003. Recognise that over 65s cannot reclaim DLA if the previous award ended over one year before but wondered if there were any grounds for reinstatement of the mobility component due to misrepresentation by appointee? Social worker has been in contact with DBU but to no avail. Would appreciate any advice from all the experts out there. Thanks in advance.

Sounds to me like you're knackered I'm afraid.

Best bet would be request for ex-gratia but that's not possible as there's no official error - if they hadn't sent out renewal forms then maybe (big if there!). You're now too late to do any kind of late appeal against decision, and can only re-apply, for AA.

Only recourse I can see is to sue the housing association, having made a complaint first. They may have insurance cover.

I do hope I'm wrong, and someone can explain why.