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DLA Supersession

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spenko
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10 years 9 months ago - 10 years 9 months ago #123743 by spenko

DLA Supersession was created by spenko

Hi

A friend's wife receives DLA middle rate care and zero mobility because of her dementia. This has deteriorated significantly and he is considering seeking a supersession. Notwithstanding the risks of this, one additional factor that may need to be considered is her age. The DLA began when she was under 65 but she is now older than that - if they proceed with a supersession request is there a possibility that this will be converted by the DWP into a claim for PIP?

Last edit: 10 years 9 months ago by slugsta.

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slugsta
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10 years 9 months ago #123746 by slugsta

Replied by slugsta on topic DLA Supersession

Hi Spenko and welcome to the forum. On the assumption that you are also new to the site, this FAQ should help you find you way around.

Welcome to Benefits and Work

Irrespective of your friend's postcode, requesting a supersession should not result in being 'invited' to claim PIP due to her age.

DLA renwewals and change of circumstances

If/when you have further questions, please reply to this post and we will do our best to help. You will find it easily in future if you bookmark it, or make it a favourite, on your web browser now

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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Gordon
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10 years 9 months ago #123747 by Gordon

Replied by Gordon on topic DLA Supersession

spenko

Just to add to Mrs H's advice.

As your friend's wife is over 65 they cannot make a claim for the DLA Mobility component unless they can clearly show that the mobility problems existed before she was 65 and were of sufficient severity that she would have qualified at that time, even then there is still good chance that the claim will be rejected if it has been some time since this was the case.

Higher Rate Care can only be awarded if the claimant now has significant care needs both day and night, not because their day or night time needs have increased.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

The following user(s) said Thank You: slugsta, spenko

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