My client has just been awarded low rate care and high rate mobility upon renewal. He was on middle rate care and high rate mobility.

I have warned him that the whole of the award will be looked at again and he doesn't want to appeal the level of award.

However the next renewal date will be 3 weeks before his 65th birthday. The concern is that if he loses his award he may not have time to reapply before he is 65, thus losing any chance of low rate care and mobility.

Can we appeal the length of award only , without the whole of the entitlement being looked at again?

Can be risky. I've just had one that had been to Commissioner on length of award and the Commissioner has barely addressed that and focussed on other areas to the extent that I believe the award to be at risk at rehearing (sadly Commissioner found errors of lawa elsewhere with the help of the S of S!)

If the award is due to end 3 weeks before the 65th birthday the renewal forms should be out a good 6 months before and if decision unfavourable you will have appeal in and may even have it heard before they are 65 and could address length of award at that time. May be safer option.

Thanks Derek. I will double check with appeals service re their opinion and i will inform my client of the above to allow him another option.