Can you apply for Attendance Allowance if getting Disability Living Allowance?

Icequeen99

Alice_Holt wrote: »

Nannytone - re your post 9. I think that was likely to have been a DWP error (probably their systems not linking).

Shramber's post from the AA claim pack states one of the eligibility criteria as:
"• you are not entitled to Disability Living Allowance"

I would strongly advise the OP and his mum to follow your advice in post 2.

Or, at least, take advice from their local CAB before making an AA application.

I think there could be a risk that an AA applicaion would end the DLA claim, and an AA application would not necessarily succeed. (But hopefully as DS said the DWP would take the AA form as a supercession / change of circumstances for an existing DLA award).
The care needs recognised by a DLA HR mob award and a LR care award would not give rise to a AA award.

The OP should also be aware that if his mum applies for a supercession, the DWP will review the whole award. So, they need to be sure that they can evidence the care needs necessary for a miiddle (or high) care award.

I agree it must have been an error - because the legislation specifically excludes someone from AA who is receipt of DLA and there are no exceptions.

As I say I have seen cases where the person thought they were getting AA because that is what they applied for and the letters seemed to be headed AA, but in reality it was done as a change of circs for the DLA.

IQ