Kidney Failure for 72 year old

I have a 72 year old tenant who is having DLA HR mobility since 1997.  She now has kidney failure and is quite unwell.  As she wasnt awarded DLA care in 1997 is there anything I can do for care to be awarded now or indeed AA.

See.p605-606 of the WBH 2015/16 for an overarching explanation (although I have to say, I don’t think it answers your precise question).

You need para.7 of sch.1 of the Social Security (Disability Living Allowance) Regulations 1991 which holds that:

”Award of care component where person entitled to mobility component

(2) A person to whom this paragraph applies shall not be precluded solely by reason of the fact that he has attained the age of 65 from entitlement under section 72(3) of the Act by virtue of having satisfied either the conditions mentioned in subsection (1)(b) or in subsection (1)(c), or in both those subsections, but in determining a person’s entitlement, section 72 of the Act shall have effect as if in paragraph (a) of subsection (2) of that section, for the reference to 3 months there was substituted a reference to 6 months and paragraph (b) of that subsection were omitted.

So yes she can request a supersession on change of circumstances, and if she meets the conditions, can qualify for middle or high rate care component but she’ll have to satisfy a 6-month qualifying period, in line with AA rules of entitlement. Don’t forget to also highlight that the whole DLA award can be rexamined, so you want to make sure there is still good evidence for the mobility component.

You can apply to the DWP for a supersession of the decision to award DLA, on the basis that there has been a relevant change of circmustances (a worsening of her health leading to an increase in care needs). There could be a risk to her HR mobility but, if her walking is severely resricted, you would hope the risk is pretty low. As she is entitled to DLA anyway, she cannot claim AA separately - she will be looking to alter her DLA award