Hi
I get the higher rate of mobility allowance "indefinitely", and the lower rate of care allowance "indefinitely", I am 64

i have contacted the CAB about a claim for the middle rate of the care allowance, to cut along story short i have been in touch with three organisations who are giving me conflicting advice about filling the review forms in, the review forms consist of the first part name address etc the second part is for mobility allowance and the therd part is the care allowance, what i want to know is will i have to fill all three parts in or just part one and part three after reading some horror stories on this forum i am reluctant to fill all three parts in, All three organisations say i should at least be on the middle rate, any advice would be most welcome

Sorry for missing this kidley. What I would actually advise is to ask for a review of the original decision regarding the care component on the grounds that the condition has deteriorated. In the letter requesting this, I would put a caveat to say that "... we do not dispute the original findings of the decision maker on the evidence available at the time."

Basically, you're just saying that the decision was originally correct (even though you might not think so!), and therefore shouldn't be downgraded.

Back this up with current medical evidence from your GP/specialist. What I definitely wouldn't do is complete a new claim pack. You already have a lifetime award, so don't jeopardise it. Equally (and this is the (probably very unlikely) absolute worst case scenario), if you submitted a claim pack and the mobility component were taken away on the basis of the evidence you put forward, and all subsequent efforts to get it back failed, by that time you'd probably be 65.

At that time, you would no longer be eligible for DLA, and would have to claim Attendance Allowance. AA is effectively the middle or higher rate of the DLA care component. There is no mobility component.

When was your award made, by the way?

Hi happyhippy

thanks for your very welcome advice, on the advice of the cab i have already sent for and received the review forms DLA 434 sections 1-2-2a mobility and help with personal care i have all ready had two medicals with the DWP doctors the second medical i was put on higher rate of mobility indefinitely and lower rate for care indefinitely that was 06/04/1992 and 11/10 1993 respectfully as my care needs are more now than then i am putting in for the middle rate of the care component, your advice would be greatly appreciated

Again, I would simply ask for the care component rate to be reviewed on presenting further medical evidence. What I would most certainly do though as well, seeing as the claim is from some time ago, is to ask for a full copy of your file from DLA.

That way you can see exactly what you wrote and can explain, via an advice centre, why the condition has deteriorated. Is there any specific reason why you think that you need middle rate care? I don't mean for you to reveal any personal details, by the way.

Thanks happyhippy
this is where the confusion is the people at the cab tell me that i only have to fill the care component section in they are adamant on that, the advice centre the have put me in touch with are a little indecisive But the two times i have rang the DWP up they have told me i must fill both sections in (mobility and care) even though i have told them i only want a review of the care component. as for the reason i want to claim the middle rate of care component is, a gradual worsening of my condition i should have put a claim in years ago but could not be bothered but i have bean told the consequences of just being on the lower rate of care when you are sixty five

I will be asking for a full copy of my file from the DWP tomorrow morning.

thank you once again for your advice on this matter.

The point which you might like to make to the advice centre is that you aren't wanting to make a new claim. You are asking for a review of the original claim which has a lifetime award made upon it.

This is crucial. A new claim using any new claim form could potentially nullify the previous claim, as any new claim would be seen as the current circumstances. You aren't saying the original decision was wrong, but that things have changed.

As for any changes as far as you turning 65 are concerned, if you do nothing, your current entitlement to DLA will not change. At all.

Unless there is a reason that you need middle rate care, (the equivalent of lower rate Attendance Allowance) in order to get extra help, I would let sleeping dogs lie. If you really need the extra help for someone to help, then please don't question the earlier decision in full. Ask for a review providing further evidence, and don't fill out a claim pack.

I'm happy to speak to your adviser through here if you like as well. Please don't worry yourself though. That's for others to do!

Phone number for the file is 08457 123456, by the way.

Thanks happyhippy for your invaluable advice, the reason i was going to claim an higher rate of care component was after reading on the www that the lower rate of the care component will be stopped after the sixty fifth birthday i maturely thought that my lower rate would be stopped and i would not have any care component after my sixty fifth birthday.
Am i right in thinking now that i will still get the lower rate of the care component after my sixty fifth birthday, if that is the case then i will not bother with another claim or review,

Thank you once again for your advice on this matter