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DLA mobility on return to the UK, post 65
Client on DLA Low Rate Care, moved to Spain 2004. DLA initially stopped, then was reinstated in 2008(?), we guess following the ECJ case C-299/05 (2007). Client’s health deteriorated, and she turned 65. Then recently moved back to the UK, LRC reinstated. Asked for a supersession. Filled in a renewal, and has been awarded High Rate Care going forward.
We thought Low Rate Mobility was possible too, the case for this need arising before age 65 was stated on the renewal form. However this was refused on the grounds that “the change of circs of your return to the UK did not occur before you were 65”.
Is it correct that the mobility need has to both arise before age 65, and also arise in the UK, for DLA mobility to be awarded in these circs?