DLA award / AA reconsidertation not requested

In brief client   is   over 65 receives high   mobility (DLA)  but rate   of   care unclear -  should receive AA low rate at   least.

Advised   carer to call DLA check re rate   of care.  It seems she was talked   into asking for a reconsideration-  not requested   or wanted at this stage.

She   is   not   his appointee, he   has dementia and gets v.confused so she made the call.

For the   moment all i want to   know   is rate   of care awarded to   him any reconsideration could   lead to a reduction   in   mobility.  Is   it possible for   her just to call DLA and request that reconsideration be withdrawn?

Are we talking ‘reconsideration’ (the term normally used by the DWP for a revision or, now, mandatory reconsideration) or a supersession? From the info you’ve provided, the latter seems more likely - i.e. the carer/claimant was not seeking to challenge a recent determination in respect of the DLA award, but looking to get an increase to get the care component awarded.

If it is the latter (a supersession) then there’s no need to be concerned - it’s simply a case of not returning the supersession form if it appears that the mobility component may be at risk and that risk appears greater than the prospects of the claimant being awarded middle rate care or above. The existing award will simply continue in payment. Also worth remembering that any increased award will be one of DLA, rather than AA - and the claimant will need to qualify for middle rate care at a minimum (can’t qualify for lower rate care for the first time after age 65).

Even if it was a revision/mandatory reconsideration then this probably carries minimal risk - chances are that as a worst case scenario the decision that the claimant was seeking to challenge would simply be confirmed (though it would be legally possible for the mobility component to be reduced or withdrawn).

As it was not   me who talked to DLA I cannot   be absolutely certain but I am   pretty certain   it would   have   been a supersession BUT the words   reconsideration did ring a bell with the person who spoke to DLA