Mobility DLA and AA Care - can this be claimed?

SandraScarlett

The husband of a friend, who is in his late 70s, was awarded DLA Mobility when he was in his early 60s. About a year ago, the amount of care he needed increased considerably, and the GP asked if he was getting an allowance for this.


Neither the friend or her husband had ever claimed for care, (I think that they were unaware that they could) so to begin with, they applied for the DLA Care Component, but this was refused, as he was now over 65, and needed to apply for Attendance Allowance.


This they did in April, but it has just been refused, on the grounds that he cannot get both DLA and AA. My friend has now told me the saga and asked if I can advise them what to do, as though he does get DLA Mobility, he doesn't get the care component, so he would not be getting both.


Apparently every time they phoned, say, the AA section, they were told it has been transferred to the DLA section for consideration, and vice versa. They have apparently explained repeatedly that they are not asking for the care component from both, only from one, but the reply is always the same, and they are now so tired of being pushed from pillar to post, that they wonder if there is any point in continuing with the claim.


Any help and suggestions would be much appreciated. Thank you.

Alice_Holt

It is not possible to claim both AA and DLA at the same time.

Once over 65 this applies to the DLA claim:
"Once you are 65, you cannot normally be awarded the lowest rate of the care component or either rate of the mobility component of DLA for the first time.
Nor can you move from lower rate mobility to higher rate mobility after the age of 65. The only exception to these rules is where:
 you already have an award of DLA, and
 you can show that you met the qualifying conditions for the new award before you were 65, and
 none of the relevant qualifying conditions have been introduced since your 65th birthday."

See: http://www.ageuk.org.uk/brandpartnerglobal/gloucestershirevpp/factsheets/disability_living_allowance_fcs.pdf

What rate of DLA mobility does he receive?
Would he qualify for AA?
http://www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS34_Attendance_Allowance_fcs.pdf?dtrk=true
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/attendance-allowance/

GlasweJen

It used to be possible to claim higher rate DLA mobility for a disability and AA for a different disability that only materialised after the claimant turned 65 (i.e not related to the reason why the claimant was on DLA).

You're best asking CAB for guidance in this though.

Newly_retired

I have just recently helped complete a DLA form for a CAB client. She already has Higher Rate Mobility, but needs the Care component. She is in her eighties. She, or rather her daughter, ranG the DWP to get the right form and DLA is what was sent.
So yes, it is possible to make a claim for the Care component if you are over 65 and already getting the Higher Mobility component.

poppy12345

Newly_retired wrote: »

I have just recently helped complete a DLA form for a CAB client. She already has Higher Rate Mobility, but needs the Care component. She is in her eighties. She, or rather her daughter, ranG the DWP to get the right form and DLA is what was sent.
So yes, it is possible to make a claim for the Care component if you are over 65 and already getting the Higher Mobility component.

Taken from the link that Alice kindly posted...
You cannot normally start to receive the lowest rate of the care component or any rate of the mobility component after the age of 65. However, you may be able to receive it if you are already getting one of the components and you
can show that you met the conditions for the other component before the age of 65.

Newly_retired

Well it will be interesting if my client's mother is turned down for the care component! . She is in her eighties, and I cannot say if she would have qualified for the care component before the age of 65, but now she qualifies for the highest rate, as she needs care day and night. I understand that she needs to have been entitled for six months, as she is already on DLA, rather than the usual three.
As it was the DWP who advised them to complete a DLA form, I am assuming they will award it, providing the evidence is there. We shall see.
I hope the OP gets a definitive answer soon.

Alice_Holt

I think the way forward may be for the OP's friend to:
1) Withdraw the AA claim; then
2) Put in a DLA supersession to claim the care component on either the Middle (care required for a significant portion of the day), or High (care required during both night and day) rate;
With the help of his local CAB / advice agency.

SandraScarlett

Thanks for all your help. The man has always been in receipt of Higher Rate Mobility and has "converted" that to a Motobility car. Apparently a further phone call received a response "we're just starting to look at April claims cos we're short staffed".


As they made a copy of their AA form, I've advised them that if their claim is rejected, that they apply for the DLA Care Component, and copy all the information exactly as it appeared on the AA claim form.


I'll let you know what happens, and thanks again for all your help and advice.

Alice_Holt

I would suggest they contact the DWP again, and make it very clear that they do not want an AA award to end the current DLA award. That they would want the AA form to be passed to the DLA decision makers, and be considered as a request for the care element of DLA.
I would do this by phone and by letter, keep a copy of the letter together with proof of posting.
Note date, time, of phone call and name of call handler.
If the DWP cannot give an absolute assurance that the DLA claim will not be closed, then they would be best to cancel the AA form immediately and ask for DLA supersession forms.

I would also advise them to get help with the supersession forms from their local CAB / advice agency.

SandraScarlett

Thanks Alice. I've sent them a copy of your reply. The only problem I envisage is getting the name of the call handler. I had to make numerous calls during my late husband's illness, and was only ever given the call handler's first name, and was told it was against "policy" to give their full name.


Has anyone ever managed to get the call handler's name?