disability element for client who has lost dla

client is single.  had middle care and low mob.  working part time on low pay so with entitlement to dla he had wtc as a disabled worker and top up of hb due to disability premiums (including sdp).

has lost dla on invitation to pip so cant get disability worker element via that route.

what i am wondering though is if he may qualify still under the other routes.

page 160 of the DRH gives condition b as being a client who has had a hb award which includes a disability premium at any time in the 26 weeks prior to their claim…which he has but will now lose due to the end of dla but it doesnt appear to indicate he needs it going forward.

condition g also says you can be treated as qualifying if within 8 weeks of your claim you qualified by virtue of conditions a, b, e or f

this seems to indicate he can continue to get the disabled element despite the loss of his dla.  is that correct?

Yes, that’s how I read it - it’s because of the disability element, rather than the DLA award itself (Condition C or D)  And it seems to me that this can roll over indefinitely in the same way it does for clients who were formerly on ESA. Ruth

cheers ruth