It has always been my understanding that the test of whether a child's needs are in excess of the average child, only applies to the low rate of the mobility component (and to the care component) but not to the high rate mobility. CPAG at page 120 explicitly states that this is the case and section 73 (4A) of the Contributions and Benefits Act, which outlines the additional test, does seem to specifically apply to awards made under 73 (1)(d) i.e. the low rate.

However it has just been pointed out to me that the commentary to s73 in Bonner (page 172) says in the first paragraph that ' in both cases' i.e. both the high and low rate "infant claimants have to satisfy an extra requirement test until they reach the age of 16."

Can anyone clear this up for me?

Derek

I think this must be a mistake in the commentary. It seems clear from the actual legislation that the extra requirement only applies to Low Mob.

Yes, section 73 (4A) of the SSC&B Act makes this clear.

Thanks for your replies. I'll make sure it's brought to the attention of the editors.