Attendance Allowance when receiving DLA Mobility only

whizzywoo

My Stepfather is 83, so born in 1940.  He currently receives the Old State Pension, Guarantee Pension Credit and the full mobility component of DLA.  He does not receive the care component.  He uses the DLA for a Motorbility car.  He lives on his own.

He has some serious health issues now and is in need of some personal care which he doesn't actually receive, although the family all muck in and help as much as we can.

I think he would qualify for the daily rate of Attendance Allowance but can this be claimed if he is receiving the mobility part of DLA?  It is an indefinite award.  I was under the impression that this will continue now without further assessments because of his age and he will not have to transfer to PIP.  

If he is eligible to claim Attendance Allowance is he likely to have to have a reassessment for the mobility?  He is terrified of losing the DLA and being without a vehicle.

I have advised him that if he was to receive Attendance Allowance, not only would he receive the AA but an increase in the Guarantee Pension Credit.  So they would total an extra £144.50 per week according to my calculations.  However he doesn't want to claim AA unless I can show him that it won't "rock the boat".  That extra money would be a big help to him.

poppy12345

If he claims AA then his DLA will end once a decision is made on the AA, this would then stop his mobility award for DLA because there's no mobility part of AA.

As he was born before 9th April 1948 then he would be over the age to qualify for PIP. This means he can request a supersession for his DLA provding he qualifies for either mid or high rate care.

I found the thread here from rights net which gives some information. https://www.rightsnet.org.uk/forums/viewthread/17549/#83288

https://pipinfo.net/issues/supersessions Others may have some further advice on this when they see it.

calcotti

As Poppy says, because of his age he can contact DLA and report a change in his needs and for ask for his DLA to reviewed. He will be sent a form to complete. 

whizzywoo

Thank you both Poppy and Calcotti. 

He's very reluctant to risk his mobility component but I'll discuss it with him.  I don't think that he will go ahead though and he won't want the worry and anxiety of waiting for a decision. 

Rubyroobs

As above he needs to ring and report a change in his circumstances. There are an awful lot of these older people who have been just on HR mobility for years. I cam across one who had been on it since 1992, last week and never been assessed for the care component until now. I regularly help them with completing the forms to be re-assessed for the care component also. It is useful to have the care component not just for the extra money it brings but also would qualify the person for severe disability premium if they get pension credit or may qualify them for pension credit if they don't already receive it.

whizzywoo

Rubyroobs said:

As above he needs to ring and report a change in his circumstances. There are an awful lot of these older people who have been just on HR mobility for years. I cam across one who had been on it since 1992, last week and never been assessed for the care component until now. I regularly help them with completing the forms to be re-assessed for the care component also. It is useful to have the care component not just for the extra money it brings but also would qualify the person for severe disability premium if they get pension credit or may qualify them for pension credit if they don't already receive it.

Whilst I agree with what you say, I can understand his reluctance to put his mobility award at risk.

Rubyroobs

whizzywoo said:

Rubyroobs said:

As above he needs to ring and report a change in his circumstances. There are an awful lot of these older people who have been just on HR mobility for years. I cam across one who had been on it since 1992, last week and never been assessed for the care component until now. I regularly help them with completing the forms to be re-assessed for the care component also. It is useful to have the care component not just for the extra money it brings but also would qualify the person for severe disability premium if they get pension credit or may qualify them for pension credit if they don't already receive it.

Whilst I agree with what you say, I can understand his reluctance to put his mobility award at risk.

I can honestly say in all the people I have assisted to claim the care component whilst already in receipt of higher rate mobility, I have not known any lose that mobility award. One of them accidently ordered an Attendance allowance form by mistake not realizing he couldn't claim AA, but they just used that AA form to assess his care needs and didn't even look at the mobility side of things. I thought mobility couldn't change after state pension age but may be wrong on that. I know people who reach state retirement age cannot get the mobility component added if they don't already have it. 

whizzywoo

Rubyroobs said:

whizzywoo said:

Rubyroobs said:

As above he needs to ring and report a change in his circumstances. There are an awful lot of these older people who have been just on HR mobility for years. I cam across one who had been on it since 1992, last week and never been assessed for the care component until now. I regularly help them with completing the forms to be re-assessed for the care component also. It is useful to have the care component not just for the extra money it brings but also would qualify the person for severe disability premium if they get pension credit or may qualify them for pension credit if they don't already receive it.

Whilst I agree with what you say, I can understand his reluctance to put his mobility award at risk.

I can honestly say in all the people I have assisted to claim the care component whilst already in receipt of higher rate mobility, I have not known any lose that mobility award. One of them accidently ordered an Attendance allowance form by mistake not realizing he couldn't claim AA, but they just used that AA form to assess his care needs and didn't even look at the mobility side of things. I thought mobility couldn't change after state pension age but may be wrong on that. I know people who reach state retirement age cannot get the mobility component added if they don't already have it. 

That's good to know.   Maybe he will be persuaded.   The extra money would certainly be very helpful for him.

Alice_Holt

According to the Disability Rights Handbook "Once you reach pension age you can only stay on the mobility rate you got before SPA. You cannot move up or down a mobility rate. The only exception being if you can show you met the conditions before SPA, you can switch to the higher rate" 
Reference quoted is DLA Regs, Sch 1, paras 1,5 & 6:   CSDLA/388/00

Rubyroobs

Alice_Holt said:

According to the Disability Rights Handbook "Once you reach pension age you can only stay on the mobility rate you got before SPA. You cannot move up or down a mobility rate. The only exception being if you can show you met the conditions before SPA, you can switch to the higher rate" 
Reference quoted is DLA Regs, Sch 1, paras 1,5 & 6:   CSDLA/388/00

Thanks for this Alice.

calcotti

Alice_Holt said:

According to the Disability Rights Handbook "Once you reach pension age you can only stay on the mobility rate you got before SPA. You cannot move up or down a mobility rate. The only exception being if you can show you met the conditions before SPA, you can switch to the higher rate" 
Reference quoted is DLA Regs, Sch 1, paras 1,5 & 6:   CSDLA/388/00

Decision Makers Guide which something different which referring to claimants of pensionable age it says that the mobility component cannot be reduced from high rate to low rate but can be removed and lost.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1150379/dmgch61.pdf#page92

61582 A person entitled to the DLA mobility component at the higher rate and whose condition improves so that they no longer satisfy the conditions for the higher rate, loses entitlement to the DLA mobility component altogether, even though they otherwise satisfy the conditions for the lower rate.

SS (DLA) Regs, reg 3 & Sch 1(5)(1)

I confess that that I cannot understand what the regulations mean so I don't know if Rightsnet or DMG are correct.

Regardless it would be unusual for circumstances to arise resulting to an improvement in mobility at a claimant ages.