lower rate care component after age 65

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

Michael

I don't think our interpretations were mutually exclusive

Gordon