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What happens to DLA award if AA claimed?
About to see a client who appears to be on DLA and is now over pension age. He has made a new claim for AA on someone else’s advice. Can he withdraw the AA claim? What happens to the DLA award if the AA claim proceeds?
Am assuming it will be treated as a supersession request for DLA? So cl could in theory lose the mobility component and have to challenge.
Thank you
[ Edited: 14 Mar 2023 at 09:53 am by ECK ]A person is not entitled to attendance allowance if he is entitled to the care component of DLA (S64 Social Security Contributions and Benefits Act)
Entitlement to the mobility component of DLA will not preclude entitlement to attendance allowance
A claim for attendance allowance is arguably not a notification of a change of circumstances ( ground for supersession) but this might not matter to the DWP because they could still ” invite” a claim for the mobility component of PIP regardless (DC v SSWP (PIP)[2016] UKUT 117 (AAC) )
Thanks Stainsby. Cl is in receipt of MR care and LR mobility components of DLA (the award is correct for his circumstances, given he cannot qualify for a higher rate of mobility component as his mobility needs have increased substantially lately and he is in his 80s). He had withdrawn the AA claim when I spoke to him. Hopefully DLA will continue without issues.
They cannot “invite” a claim for PIP as he was born before 5 April 1948
So if he was a DLA claimant born after 1948 but over SRP age, and he reported a deterioration in his mobility needs which started after SRP age, he could be ‘invited’ to claim PIP and get enhanced mobility?
No just the opposite
He will remain on DLA and will never be “transferred” to PIP.
He could only get high rate mobility if the deterioration occurred before he reached 65
I think that his DLA will be unaffected by his (now withdrawn) claim for attendance allowance
So if he was a DLA claimant born after 1948 but over SRP age, and he reported a deterioration in his mobility needs which started after SRP age, he could be ‘invited’ to claim PIP and get enhanced mobility?
I tend to come at it from the other direction rather than thinking about 1948 I go with if they were under 65 on 8 April 2013 then they will, in theory, at some point be invited to claim PIP and if they report a change in their needs this would likely cause them to be reassessed for PIP so could move up (or down!) on either of the components. If they were 65 or over on 8 April 2013 they will never be touched by PIP and reporting a deterioration would only effect the rate of their Care Component. By my understanding at any rate!
I don’t think I explained what I meant very clearly. For a hypothetical client on DLA and over SRP age;
11.2.2 If you were under 65 on 8 April 2013
If you were born on or after 9 April 1948….
You are also invited to claim PIP if you report a change of circumstances
on your DLA claim. When invited, you must contact the DWP within four
weeks to start a new PIP claim.
11.3 If you were under 65 on 8 April 2013
If you receive a lower rate of a DLA component and your condition
deteriorates so you may qualify for a higher rate, you can ask for your
award to be reconsidered.
This means you are invited to make a claim for PIP.
So someone born after 1948, on DLA and over pension age, can report a deterioration to DLA, be invited to claim PIP and be awarded ER mobility.
Sorry CHAC, I didn’t see your post when I posted again!