Hi

I have been on a training course where the tutor said that it is not a good idea to dispute the higher rate and lower rate of the mobility component of Disability Living Allowance as the two are totally different. This is referring to asking the tribunal to assess the higher rate but if they do not accept this to assess the lower rate.

What to other people think?

Provided you can make out a case for both there is no reason why not. You may take the view that your client is both virtually unable to walk and (to the extent that he can walk at all) in need of guidance and supervision. In such a case you would effectively be acknowledging the fact that he can't get both rates at once only the higher to which he is entitled. But you do need to make out both. It is certainly correct to stress that the lower rate is not a sort of second prize for the higher.

I don't think any regular contributors to this form would ever believe that lower rate mob equates to reduced mobility, but the belief is certainly out there, at least among the punters and some inexperienced, non-specialist advisers.

All this assumes that the claim is not for higher rate mob on the severe mental impairment/behaviour grounds, when the argument over rates is genuinely more like that for different rates of the care component.