DLA for over pension age. To supersede or not?

Hi I’m wondering if anyone has any advice on the pros and pit falls of asking for DLA awards to be looked at again or not? I’ve had a referral for a 75 year old client who is on DLA who has mobility problems, COPD and suffered a heart attack at Xmas and is waiting for stents. My concern is that by asking for it to be looked at again could result in her losing her award she already has? If anyone has dealt with anything similar or has any thoughts on this it would be most welcome. Many thanks.

Hi Shazz - you don’t mention what the current award is?

You have some leeway with this…....

Unlike with DLA for under 65s where merely telephoning to report a CoCs/requesting a supersession form is now treated as an application for PIP (and with no option but to return the PIP form or lose the existing DLA) you can request the DLA supersession form, complete it…........and then simply not return it if you think the existing award might genuinely* be at risk. I am happy to return a form where the case for an increase might be marginal so long as I am confident that the existing award is safe.

There is always some risk to the existing award on supersession - simply because the law does allow the whole award to be looked at again and because DWP decision making can often be somewhat unpredictable. The client needs to be advised of this, no matter how strong the case might be. In fact, my standard advice to clients is that any assessment that I offer on the strength of their case holds true only as to the likely outcome if we end up at tribunal - what the DWP might decide before that is something that can only be guessed at.

So you need to be clear in your own mind as to;

1. What is the current award and on what basis was it made?

2. What are the client’s current care and mobility needs and do these actually meet the statutory criteria for an increase in the award?

3. What are the prospects of obtaining good/convincing medical evidence that can be used in support of your client’s case, particularly if you do end up at tribunal?

* - only at this point can you really assess the risk to the current award.

I may be preaching to the choir here, but your mentioning the COPD and the heart attack does mean that you need to be clear that it is not the conditions that qualify a claimant but the effects of these - and specifically the extent of any mobility problems they give rise to and whether they result in a need for care from another person.

Also bear in mind that given your client’s age, it is extremely unlikely she is going to be able to newly qualify for an award of the lowest rate of the care component or for either rate of the mobility component. A claimant aged over 65 can do this, but they need to show that they met the qualifying conditions since they were aged 64 or younger - regardless of whether your client might meet those conditions now, being able to go back and show that she met them more than 10 years ago is going to be nigh on impossible.

So any increase that might realistically be achieved is going to be from the lower rate of the care component to the middle or higher rate. Or from the middle rate to the higher rate.

If your client is already receiving middle rate care, then given the additional benefits that come with this (potential SDP or CA plus carer premium for someone else if SDP cannot be awarded) I would say that that the case for the higher rate of the care component would need to be more or less overwhelming before I would risk the existing award.

I have an enquiry on my desk at the moment. A woman has DLA HRM and is over 65, but turned 65 in August 2013, so she’ll be caught up in PIP if she reports a change to her condition. In this particular case, she can barely stand up, let alone walk 20 metres, so ERM is a safe bet (at a tribunal, anyway).

With your client, it’s a judgement call as to whether he meets the conditions of entitlement for the benefit. Experience informs me that DWP doesn’t lightly remove awards of HRM, but it is a calculated risk.

I would consider trying to get medical evidence BEFORE you request the reconsideration. 
Ideally this would be evidence that both supports the existing award and a possible increase in the award.

Thanks everyone for your responses. This is most helpful. She is on low care and low mobility.

If it is the mobility component that you are looking at it cant be awarded or increased because the person is over 65..