Mobility Supplement of War Pension

Mobility Supplement
20.—(1) Subject to the provisions of this article, a mobility supplement shall be awarded at the rate specified in paragraph 11 of Part IV of Schedule 1 to a member of the armed forces who is in receipt of retired pay or a pension in respect of—

(c)disablement by reason of which, immediately prior to the date on which the question of his eligibility for a supplement under this article is first considered by the Secretary of State, on or after 9th April 2001 he—

(iii)has been in receipt of the mobility component of a disability living allowance under section 73 of either the Social Security Contributions and Benefits Act 1992(4) or the Social Security Contributions and Benefits (Northern Ireland) Act 1992(5) having been deemed, by virtue of section 74(1) of the relevant Act, to be suffering from such disablement as is mentioned in subsection (1)(a) of section 73 of the relevant Act and to satisfy the requirements of subsection (9) of that section; or

’ ... on or after 9th April 2001’ my client was 75 years old, and though he has been assessed to fit into the ‘section 73 of either the Social Security Contributions and Benefits Act 1992’ by various Drs he is excluded from recieving the mobility supplement above because his mobility problem was not assessed at 40%.

Is this restriction of being in receipt of DLA mobility component ‘on or after 9th April 2001’ challengable as discriminatory regarding age?