Am i right in thinking that you cannot claim the mobility component for DLA once you are over 65? I have a client that has received the LR Care comp only and wanted to apply for Mob and a higher rate of Care.
Thanks.

Your client would not be claiming DLA. They are already receiving it. What you need to apply for is a supersession of the award on the grounds of deterioration of disabilities/increased needs.

Because your client is over 65, to be eligible for a higher rate of the care component than they are already receiving they will need to show that they have met the qualifying conditions for six months, rather than three, before any increase can be paid. Other than that it's a straightforward question of showing that they meet the relevant criteria for a higher award and being aware that there's always the risk of an award being taken away if your client asks for it to be looked at again.

However, your client will only be eligible for an award of either rate of the mobility component if they can show that they already met the disability conditions for receiving an award before their 65th birthday.

Section 75 SSCBA and Reg 3 SS(DLA)Regs confirms that no award of the mobility component can be made to a person over the age of 65 unless the claim (or request for review or supersession) was made before that person reached the age of 65. This concession still applies if the end of the 3 month qualifying period falls after attaining the age of 65, so long as it began, and the claim was actually made, before reaching 65.

There are some minor exceptions, notably issues concerning revisions of existing awards and those who transfer to DLA from previous entitlement under the invalid carriage scheme.

See also schedules 1 and 2 of the DLA regs.

Thanks to all who replied to my query re DLA.

Decision Makers Guide
61566 People aged 65 or over are not excluded from entitlement to either component of DLA solely because they are over 65 when the changed award is made where they

1. have an award of DLA made before age 65 and

2. apply for a revision or supersession and

3. the award is changed.



61567 Where the decision is superseded as in 61565.2 on relevant change of circumstances, the change must have taken place before the person reached the age of 65

reference to legislation seemed to get lost when posted so here's a second try -
Decision Makers Guide
61566 People aged 65 or over are not excluded from entitlement to either component of DLA solely because they are over 65 when the changed award is made1 where they

1. have an award of DLA made before age 65 and

2. apply for a revision or supersession and

3. the award is changed.

Sch 1, para 1(1) & (2)

61567 Where the decision is superseded as in 61565.2 on relevant change of circumstances, the change must have taken place before the person reached the age of 651.

Sch 1, para 1(3)