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Adult DLA Over Pension Age - Supersession
Hi All,
I have a client who is in receipt of DLA and gets the higher rate mobility component and low rate care component. Her health has deteriorated and she has increased care needs so has requested a supersession. She was born after 8/4/2013, which should trigger a PIP claim but DWP sent her a DLA form instead of a PIP form. I just wanted to check whether a supersession of a DLA claim would put the mobility component at risk as I have received conflicting advice. I have been advised that there could be a risk to the mobility component as DWP may look at this even if you indicate on the form that the change relates to care needs only. But, in the Disability Rights Handbook (Chapter 3, part 27) it says:
“Mobility component – Once you reach pension age, you can only stay on the rate you got before you reached that age. You cannot move up or down a rate. There is an exception to this rule: you can switch to the higher rate after pension age if you can show that you met the conditions for it before you reached that age.”
Thanks
[ Edited: 17 Aug 2023 at 05:13 pm by Sal ]
You seem to have put the wrong date down. When was she born?
First, the important thing is whether the client was aged 65 years or over on 8 April 2013 - if you were, then any request for a supersession means you stay on DLA.
Where there is a mobility component in payment, I would always warn the client of a risk to this as DWP can look at the whole DLA award again when considering entitlement to the care component. The care component can only be awarded at middle or high rate, not the lower rate.
You seem to have put the wrong date down. When was she born?
She was born in 1952, but DWP sent her a DLA form in response to her supersession request. It didn’t trigger a PIP claim.
I have a friend in a similar situation to original poster but am still a bit confused. She hit pension age in May 2025 and is still on DLA (low care, high mobility).
If she reports a significant deterioration to her health, would it be a request for a supersession? I was confused by the response above, which implies that it would only be a supersession if she was over pension age on 08.04.13. If she wasn’t, what would it be? My friend is worried to report anything in case she loses her DLA completely
This really isn’t my area of expertise so thank you in advance for any pointers
I have a friend in a similar situation to original poster but am still a bit confused. She hit pension age in May 2025 and is still on DLA (low care, high mobility).
If she reports a significant deterioration to her health, would it be a request for a supersession? I was confused by the response above, which implies that it would only be a supersession if she was over pension age on 08.04.13. If she wasn’t, what would it be? My friend is worried to report anything in case she loses her DLA completely
This really isn’t my area of expertise so thank you in advance for any pointers
Assuming your client was under 65 on 8 April 2013 (it’s not clear as you say she reach SPA in May 2025?), If your client reports a change of circumstances related to her current DLA award, then she will be invited to claim PIP instead. She has 4 weeks to make the PIP claim and if she doesn’t, her DLA award ends. If she does, her DLA carries on being paid until a decision is made on the PIP claim.
So probably worthwhile going through the PIP descriptors to try and establish whether she’s ;likely to have an entitlement Liz. Hope that helps. Obviously, if she was over 65 on 8 April 2013, then it’s a simple COC for DLA award.
Thanks. She was 66 in May 2023 so it sounds like a PIP claim which she will hate on principle ????
Thanks. She was 66 in May 2023 so it sounds like a PIP claim which she will hate on principle ????
It’s also tricky when there’s HR mobility in payment due to the reduction in mobilising from 50 metres to 20 metres to take into account.