AA qualifying perid

Mt client was refused AA , she asked for an MR and declared a change of circs, worsening condition, MR did not change the decision but DWP say even if she appeals a Tribunal will now have to apply the 6 month period before she could be paid and if she makes a fresh claim the 6 month period will apply, 
is it best for her to appeal the MR or make a fresh claim, seem s unfair she will have to wait 6 months in any event before she can be paid !!!!!

It’s a basic condition of entitlement to AA that you need to have satisfied the relevant disability test for at least six months to be entitled.

65Period and rate of allowance.
(1)Subject to the following provisions of this Act, the period for which a person is entitled to an attendance allowance shall be—
(a)a period throughout which he has satisfied or is likely to satisfy the day or the night attendance condition or both; and
(b)a period preceded immediately, or within such period as may be prescribed, by one of not less than 6 months throughout which he satisfied, or is likely to satisfy, one or both of those conditions.

Section 65 Conts and Bens Act

If your client thinks they might have entitled on the original AA claim, then she can appeal and the FtT will base their decision on her condition at that point - they can’t take into account any subsequent deterioration.

However, she can also make a new AA claim and see what decision she gets on that one if it seems her case is stronger.

Of course, if your client appeals and has an award made as a result, then that award would usually only run up to the date on the second claim so you do need to be aware of that.