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TOPIC: lower rate care component after age 65

lower rate care component after age 65 7 years 8 months ago #66653

  • pollyanna
does this rule mean that if you have had middle rate care component before age 65 it cannot be reduced and does it still apply? this is an extract from "dlalaw" -

R(DLA)5/02(formerly CDLA/3861/1999)states that a claimant cannot get lower rate care component after age 65 if previously awarded another component. Lower Rate must be awarded before age 65.But see CSDLA/388/2000 -(41/01) which allows lower rate to be awarded where the tribunal makes the effective date of review prior to age 65.
I hope I have not broken any rules by quoting this item especially as there are referal numbers in it.
-

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Re: lower rate care component after age 65 7 years 8 months ago #66658

  • michaelg
Hi Pollyanna

Interesting Commissioners decisons there, however an award of DLA, any rate care can be reduced or removed at any time upon review. It just means that should the application be made before the age 65, a tribunal should treat that as the applicable date, if the appeal is heard by the tribunal after age 65 IMO?

I hope this makes sense!

Regards

Michael

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Last edit: by michaelg. Reason: question mark added

Re: lower rate care component after age 65 7 years 8 months ago #66660

  • pollyanna
Thanks for that, just knew it wasn't so simple as it looked.
regards
Pauline

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Re:lower rate care component after age 65 7 years 8 months ago #66662

pollyanna

A quick search suggests that the case you reference is still valid, however, having read the case, I am not sure that implication you have taken, that MRC cannot be reduced to LRC is entirely correct.

The case was referred back to a new tribunal because the Commissioner believed that LRC was not payable after the age of 65 (where a claimant was not in receipt of LRC before 65).

I interpret this as an instruction to the new Tribunal to either find that the claimant met the criteria for MRC or to remove the award, because they did not. Not that the claimant should retain their MRC award if they only met the LRC criteria.

Of course my interpretation could be wrong, you would need to speak to an advisor familiar with arguing DLA case law at a tribunal.

Gordon

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

Re: lower rate care component after age 65 7 years 8 months ago #66664

  • michaelg
Pollyanna

Your most welcome. Well done on fnding the decisions. I only wish it wasn't so, but even Indefinite awards of DLA can be removed, reduced, taken away these days, unlike the old days when basically you got them for life and Personal Independence Payments (PIP) are due to replace DLA, once Parliament has decided how its going to work.

Regards

Michael

PS Gordon has posted a different interpretation to mine, so it's by no means clear cut. Please seek further advice.

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Last edit: by michaelg. Reason: ps added

Re:lower rate care component after age 65 7 years 8 months ago #66665

Michael

I don't think our interpretations were mutually exclusive :)

Gordon

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