AA or DLA care (on DLA mob)?

I'm trying to help a friend and hope someone can point in the right direction.

Now aged 65. Was awarded DLA (mobility high, "life"; nil care) BEFORE aged 65 (also on ESA, Support Group). Can a claim be made for AA without potentially jeopardising DLA(Mob) or must it be dealt with as a change of circs for DLA, with a request for the care component? Understandably, the claimant is concerned he could lose the mobility component if there is a different take on his circumstances.

For info, it is my view he should have got the care component in the first place (his needs are even greater than mine and I get middle rate care) but he was scared of losing the mobility component.

I know enough of the benefits system to understand that if he gets the middle rate of care, he will get the Severe Disability Premium so, overall, he will be better off even if he lost the mobility component [he lives alone; no one gets Carers Allowance for him].

Any help would be very much appreciated.

Thanks Gordon - particularly for the reminder of impending PIP. The claimant lives in the "AL" area so isn't in one of the currently active PIP areas; meaning it will be a DLA change of circumstances (not AA) with PIP coming along as and when it does.

The PIP guides will be useful, not least for myself when PIP comes knocking on my own doorstep.

I've noticed B & W keep an eye out for examples of how consistently brilliant i]sic[/i the DWP is. With that in mind, a little personal story that may or may not be of interest... During the period June 2010 to November 2014 (yes, over 4 years), the DWP failed to get a single first-time decision right on either ESA or DLA in my own case(s). During that period, it took 4 hugely stressful appeals (2 for ESA + 2 for DLA), including one Tribunal (ESA), plus two complaints to secure the correct level of benefit entitlement. I owe rather a lot to an excellent rep.

The final response to the second complaint still contained an error all welfare rights advisors would smart over: as at Dec '13 the DWP took the view that appeals lapse when the original decision is merely "changed". They just didn't "get" the distinction between a decision being revised (in which case the appeal does, normally, lapse) or superseded (in which case it does NOT lapse). I wonder how many claimants have been conned out of their appeal rights by this sleight of hand? And the signatory on that letter? Ah yes, no less than the Director General of DWP Operations; I kid you not. I was lucky - my rep found the ONE (only?) staff member that did get it, so it got sorted (a fact to which those dealing with the related complaint appeared oblivious).

Finally, in December 2014, a DLA renewal was dealt with promptly and with the correct outcome. Much as it is tempting to think of this as being evidence of an improvement in decision making, I am reliably informed it probably lends more to the DWP being swamped with work and simply shifting work off desks. Oh joy...

Ramble over... .

I should have updated this several weeks ago!

Good news for my friend. He has been awarded the HIGHER rate of the DLA care component (as a change of circs) which, in turn, means he also now has the Severe Disability Premium through what turned out to be Pension Credit. It also means he is entitled to the maximum level of Housing Benefit.

He got help to fill in the DLA form from an Age Concern advisor (or similar) and it appears this person was well versed in dealing with the ambiguities of that form.

Gordon: your info was helpful to determine whether or not to proceed - thank you.

Kevin wrote: I should have updated this several weeks ago!

Good news for my friend. He has been awarded the HIGHER rate of the DLA care component (as a change of circs) which, in turn, means he also now has the Severe Disability Premium through what turned out to be Pension Credit. It also means he is entitled to the maximum level of Housing Benefit.

He got help to fill in the DLA form from an Age Concern advisor (or similar) and it appears this person was well versed in dealing with the ambiguities of that form.

Gordon: your info was helpful to determine whether or not to proceed - thank you.

Hi K,

Very good news for your friend !!

Thanks for the update and the positive feedback !!

bro58