I have a client who was in receipt of the higher rate mob upto the age of 67 but following his renewal application, he was refused the mobility but awarded MRCare. Client never appealed due to ill health.
Last year we asked for review of his benefit with a view of entitlement to the HRMob once again and an increase in his care award.
The DBC increased his care to the higher rate refused the mobility award because they say the claimant is now over the age of 65 and did not dispute the decision of 2004 within the 13 month absolute time limit and so no longer qualifies.
We argue that claimant is entitled because he can show he had mobility needs prior to the age of 65 and was actually still in receipt at the age of 67, so should still have been considered for the mobility component.

Am I correct

I don't think so.

My reading of the schedule to the DLA regs is that:

- where their is a renewal claim within 12 months of the expiry of a previous award, the relevant component/rate can be reawarded.
- where there is a current claim with a relevant rate/component, it can be reawarded or increased on an application for supersession or revision.

Neither of these seem to apply to the circs you suggest. However, my reading of the schedule is ot the same as the summary in the CPAG handbook...

I agree with Tony. Apart from the renewal claim provisions to go for the mobility component where there is currently no entitlement to it (and there is evidence that the claimant had the relevant mobility problems prior to 65) then the current DLA award (in reality an award of the care component) must have begun before the age of 65

I don’t think that CPAG is saying differently, Tony, I just think that the relevant commentary is just badly phrased where it refers to “existing award” without making it clear that the award should have begun before the age of 65.