DLA supersession query where client is over 65

I have a client who is now 70 years of age and is on high rate mobility DLA and has received this benefit for 15 years. Approximately 3 years ago she lost most of her sight and now has care needs and has applied for a supersession based upon this as her daughter now has to do pretty much everything for her. The daughter also wants to claim carers but at the moment cannot due to her mother only getting HRM.The supersession was refused as the DWP said her care needs started after her 65th birthday and therefore a DLA supersession did not apply in this case, although her existing award of HRM is maintained. Is this right? The alternative is to withdraw her DLA claim and claim AA instead and hope for the higher rate. Even if she gets the lower rate she will be a couple of quid a week worse off although her daughter can then claim carers. There is of course the chance that AA will be totally refused although we should win on appeal if this was to happen. Any suggestions?

They are wrong - it is only the low care component she cannot qualify for now and for the middle or high care it is the 6 month backwards test - you should do a dla supersession if you are sure that her high mob is safe - dont take no for an answer

Thanks for that. The supersession has already been submitted and care component refused at any level. The DWP have said that such an increase in care from nothing awarded up to any rate is not appropriate as their care needs increased AFTER the 65th birthday. As far as i am concerned they have got this seriously wrong as supersessions can be done regardless as long as the DLA claim was awarded before the 65th birthday. I am going to ask for a revision and then appeal if they dont retract their decision based upon the fact the care needs started after 65th Bday.
Our local council have informed the advice projects in our area that their welfare rights dept are snowed under with appeals.Im not surprised with the stupid decisions made by the DWP.

From the Decision Makers Guide http://www.dwp.gov.uk/docs/dmgch61.pdf

61566 People aged 65 or over are not excluded from entitlement to either component of
DLA solely because they are over 65 when the changed award is made1 where they
1. have an award of DLA made before age 65 and
2. apply for a revision or supersession and
3. the award is changed.

61568 On revision or supersession or a renewal claim, if the highest or middle rate DLA
care component had been payable, a person may receive either the highest or the
middle rate provided that the appropriate disability conditions at DMG 61462 and
DMG 61468 are satisfied. The lowest rate DLA care component is not available
even if the conditions for that rate are satisfied. The person must complete a six
month qualifying period before becoming entitled to the DLA care component1 if
moving from the middle to the highest rate.

Directing the DM to their own guidance is often helpful I find.

Thanks everyone for your helpful replies. Fingers crossed!

Good tatic on any such supersession is to gather medical evidence BEFORE it is submitted.