DLA supersessions for people over 65 : Mobility?

Ive just had a rather interesting conversation with DWP regarding a DLA supersession.

I have an 82 year old client who gets High rate mobility, and at the time of the award she had no care needs.

20 years later she is struggling to self care and i rang DBC regarding a supersession.

I was told by DBC that since we were in a PIP conversion area they could not do a supesession and the client must claim PIP. I told her that 82 year olds cant claim PIP, so i want a supersession.

I was then told that as DLA supesessions had stopped in migration areas she would have to claim AA.

I told her AA had no mobility component and she is housebound without her car.

The prevailing attitude was “Tough” , which annoyed me a bit.

I have a feeling that i was told a lot of hogwash here.

The client does not under any circumstances want to lose her mobility car. Is there a reason under new regs why i cant request that her care needs be reassessed without her High mob being at risk??

Thanks

It’s badly drafted re changes of circs for those who were 65 on 8/4/13.  Here’s the relevant extracts from the PIP (TP) Regs:

“3(1) At any time after 27th October 2013, the Secretary of State may by written notification invite a DLA entitled person to make a claim for personal independence payment.

(2) The Secretary of State must not send a notification under paragraph (1) to any person who, on 8th April 2013, was 65 or over

....

(5) Subject to paragraph (5A), where, after 27th October 2013, a DLA entitled person who has neither—

(a) been sent a notification under paragraph (1), nor

(b) made a claim for personal independence payment under regulation 4,

notifies the Secretary of State of a change of circumstances.., the Secretary of State must, as soon as reasonably practicable, send the person a notification under paragraph (1).

(5A) Paragraph (5) does not apply unless—

(a) the Secretary of State has specified a relevant date which applies in the case of the DLA entitled person, and

(b) that person notifies the Secretary of State of the change of circumstances on or after that relevant date

4.  A DLA entitled person who has not been sent a notification under
regulation 3(1) may not make a claim for personal independence payment unless—

(a) they were aged under 65 on 8th April 2013,

(b) the Secretary of State has specified a relevant date which applies in their case, and

(c) they make the claim on or after that relevant date”

Reg 4 holds out the prospect that a DLA entitled person who was 65 on 8/4/13 may be able to claim PIP because the ban in para (a) of Reg 4 only applies where a person hasn’t been sent a notification under Reg 3(1).  So you then go to Reg 3 and see that its para (2) prohibits a notification being sent to someone 65 on 8/4/13.  That should be the end of it.  However, you then go to para (5) which provides that if a DLA entitled person notifies a change of circs after the relevant date then they must be sent a notification under para (1). 

My reading is that, although para (1) doesn’t expressly say so (hence, the bad drafting), para (1) is always subject to (2).  In other words, a notification inviting someone over 65 on 8/4/13 to claim PIP can never be issued including to those who have notified a change of circs.  If that’s right then the combined effect of Reg 3 & 4 above is that such claimants are prevented from ever claiming PIP. 

Consequently, DLA supersession must be the appropriate route here which isn’t of course risk free, although the risks to mob given the client’s age will be very small indeed.