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AIBU?

To think the DWP have made a mistake?

40 replies

DayDreamer99 · 06/12/2017 12:16

Just got dd DLA award letter, we had firdt payment last Friday so knew it had been awarded. The letter says she has been awarded high rate mobility and no care component. I just want to see if anybody with more experience of DLA thought it is a strange award before I ring them. Dd is not a wheel chair user but does need watching outside as she has no road sense she is 11 if that makes a difference.

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Battleax · 06/12/2017 12:18

It sounds somewhat illogical but nothing is "strange" in DLA decision making. I'm sure some of their awards are arises at almost at random.

Ask for a written explanation and mandatory reconsideration if you're at all unhappy.

DayDreamer99 · 06/12/2017 12:24

I am not unhappy just a bit concerned. I thought she would get lrc and lrm so money wise it is slightly more than those to combined which means more money to spend on the things she needs. I just don't want them in July 2021 when we have to renew for them to say they have made a mistake and we have to pay the difference as the extra £13 a week over 3 and a half years is quite a lot of money.

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Babyroobs · 06/12/2017 12:26

My friends son has just got hr mobility and both his mum and most people who know him think it is ridiculous. He also needs watching more than the average child of his age but is fully mobile.

Itscurtainsforyou · 06/12/2017 12:27

In my experience when you fill in the renewal form you just state the situation at that time and they assess in that basis. So on that basis they shouldn't try to claw some back.

Battleax · 06/12/2017 12:29

I just don't want them in July 2021 when we have to renew for them to say they have made a mistake and we have to pay the difference as the extra £13 a week over 3 and a half years is quite a lot of money.

That won't happen. They don't work like that.

Work out what you think she should qualify for and fight for it. HRM but no care component is something a tribunal panel would look very closely at, precisely because it seems illogical. So your chances are probably very good if you challenge.

DayDreamer99 · 06/12/2017 12:32

Ok thanks. If other people have been awarded just hrm I guess it is not as strange as I thought it was. Logically it makes no sense to me though, if you are that mentally impaired enough to get hrm you surely must have care needs as well but this is the DWP and I should be grateful I got anything.

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TwoBlueFish · 06/12/2017 12:33

You can get high rate for being virtually unable to walk or having severe mental impairment (SMI) as well as not being able to walk at all. However SMI requires high rate care as well do can’t be under that rule.

It may be worth you asking for a statement of reasons as getting low rate care would entitle you to a disability element on tax credits. Does she need additional care of at least an hour each day?

High rate mobility would qualify you for a blue badge and a mobility car (the high rate mobility payment would be paid to motability ).

Personally i’d Ask for the statement of reasons to see why they have declined any care.

Babysoon · 06/12/2017 12:34

I honestly think they just pick awards out of a hat
Makes no sense at all most of the time

Can you tell we’ve had some odd experiences with them. Even when challenged we were sent decision makers notes that bore no resemblance to the needs and situation, assuming it was a mistake we questioned iybut no it was ours🤔 almost as if they’d read a different claim form though

Battleax · 06/12/2017 12:37

Logically it makes no sense to me though, if you are that mentally impaired enough to get hrm you surely must have care needs as well but this is the DWP and I should be grateful I got anything.

They often don't make sense. That's why you ask for the reasons behind the decision and then challenge.

A very percentage of DLA decisions are increased on appeal.

Jerseysilkvelour · 06/12/2017 12:39

The assessment criteria for children are quite different to adults by the way so factor that in.

To get HRC as an adult you have to be practically dead but a child can be much more functional and qualify.

JustMarriedAndLovingIt · 06/12/2017 13:02

With these forms it's not what you put it's how you put it. Maybe you didn't put the right buzz phrases for care but did for mobility.

nokidshere · 06/12/2017 13:13

The letter you have received should contain a summary of their decision and how they reached it. If it doesn't you need to contact them and ask for it.

Personally I wouldn't do anything until I have read how and why they came to that decision.

SweetSummerchild · 06/12/2017 13:14

I had a lifetime award for DLA and got LRC and LRM.

In March the dreaded 'brown envelope' arrived and I had to re-apply for PIP. I had read all the horror stories and was fully expecting to lose the care component completely.

I didn't hear anything until May and was expecting to get a face-to-face interview. In the end I just got an award letter saying I had been awarded standard rate care (equivalent to MRC on DLA) and enhanced for mobility. This was all based on the medical evidence supplied - the exact same letters I had used in my original DLA application.

The whole process is somewhat bizarre.

Interestingly, my sisters and I all have the same condition and all had lifetime awards for DLA. We have all had different types of assessments for PIP.

SadTrombone · 07/12/2017 01:49

OP- this test should give you an idea of how the Care vs Mobility components are (supposed to be) worked out. If it's massively different and to your detriment then perhaps consider asking for it to be reconsidered?
www.mybenefitsandwork.co.uk/pip/indexxx.php

SadTrombone · 07/12/2017 01:51

...just realised this test will be useless as it's DLA you're claiming and for a child... hopefully there's a similar one out there you could try that's more suited!

Emily7708 · 07/12/2017 02:15

That is a weird award. You can’t claim carer’s allowance without at least MRC so hope that doesn’t affect you.

clippityclock · 07/12/2017 13:56

The needing to be watched when out due to road safety is covered in the mobility section of the PIP award not just the ability to walk, if that makes sense. So the first part is of the mobility assessment is planning a route, safety when out etc and the second part is actual ability to walk.

The care component is just about cooking, eating, washing etc.

Hope that helps.

clippityclock · 07/12/2017 13:57

Sorry I missed the bit about her being 11, sorry for not reading properly.

gingerh4ir · 07/12/2017 14:14

my child gets DLA. DD (10 years old) has ASD and severe learning difficulties and no danger awareness/road sense/bolts out, sits on the pavement and refuses to move on. We get LRM but also a care rate.

if she doesn't need a wheelchair and does not need any care otherwise, it's sounds very odd that she got HRM. The criteria for those with 2 functioning legs are severe mental impairment and severe behavioural problems. If you DD has severe mental impairment and extremely challenging behaviours, I'd question/appeal the lack of care rate.

Do you mind sharing her diagnosis? You might get better answers

gingerh4ir · 07/12/2017 14:15

clippy - that is Pip. DLA (for children under 16) has very different criteria.

clippityclock · 07/12/2017 21:27

Thats why I apologised after when I realised that she was 11.

DayDreamer99 · 14/12/2017 14:02

Hi sorry for taking so long to come back. DD has auditory processing disorder, poor working memory and dyslexia. I asked for statement of reason to the decision just waiting for it to come in the post, the snow has been bad here since Friday so no post been delivered. She does get lost very easily and needs help to get around school or she doesn't end up where she should, she has a TA for that.

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coffeemachine · 14/12/2017 14:09

OP, I would be very careful with asking for a reconsideration. For those children without wheelchair, it is extremely difficult to get high rate mobility. my DD has ASD and her learning difficulties are severe. very little speech and language and understanding too. neither her behaviour nor her mental impairment are severe enough for HRM.

When you ask for a reconsideration, you can actually also be 'downgraded'. The way you describe your DD sounds as if she really shouldn't be on HRM. You may lose more than you could gain.

Getting lost and needing help around qualify you at most for low rate mobility. not for high rate.

Coffeemachine · 14/12/2017 14:12

www.autism.org.uk/about/benefits-care/benefits/children/dla-mobility-component.aspx

if you scroll down the severe mental impairment criteria is explained. You know your DD so have a read and see if she really fits the bill.

DayDreamer99 · 14/12/2017 14:21

Thank you I will take a look. I am not going to ask for a reconsideration because I want more DLA. I don't think she should of got hrm, lrm yes because if she was to get lost she would be unable to follow directions and doesn't know our address or area we live in. I just don't want to take money away from other kids is all.

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