Client awarded DLA mid care only from 04/06/07 to 03/06/09. Appealed because high mob refused, eventually referred for re-hearing by Upper Tribunal judge who directed that the new tribunal should ascertain from the SoS whether the award of mid care is still accepted by him. If the tribunal does consider both components and reduces or removes the mid care award (unlikely but theoretically possible) would the payments of mid care already received be a recoverable overpayment?

Not as unlikely as you think!
Not recoverable.

Thanks John. Appeal hearing is in March. With 24 months h/mob to gain and only 3 months mid care to lose it sounds like a reasonable punt.