Our client has been in receipt of high rate mobility DLA for many years. She is 78 years old. Her daughter claimed AA because she had care needs. She was refused and came to seek advice.
My take is that she should not pursue the appeal. Instead she should pursue claiming DLA care component. My reasoning being that this is the benefit she should have claimed in the first place. However, I have several unanswered questions.
Could she pursue her AA appeal without risk to her DLA component?
If so could she also claim AA at the same time as DLA and if so would this completely protect her mobility component form scrutiny?

thanks Angela

the claim for AA will have been treated as an application for a supersession of her existing DLA award and if she feels that she satisfies the criteria for the care component she will have to pursue the appeal. Remember of course that as she is over 65 the qualifying period will be 6 months not 3.

The tribunal dont have to look at the HRMC but can do if there is overwhelming evidence that your client doesnt satisfy the HRMC criteria.

Obviously you need to weigh up the risks

Hiya
Donewithwr is completely right of course, but remember your client will also have to satisfy DLA MRC at least to qualify. I would just double check the AA claim was taken as a DLA supersession but i expect it would have been.

You should certainly discusss the risks of supersessions with your client before going any further