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Appealing a DLA decision - right forum?

6 replies

Tuliptime · 05/04/2017 22:41

Hi

Just wondered if anyone had any experience / tips for appealing a DLA decision and whether or not this is the best forum to post this on? We were on higher rate and I knew really it wouldn't stay that way and was expecting to be moved to middle. However, I received my letter today to say that we have been moved to lower!! This is a massive drop in income and I genuinely use the money to support my child. I am definitely going to appeal it because when I have looked at the criteria the difference between low and medium is very ambiguous and I feel we could meet both. I have checked the form as I took a photocopy and what I have put definitely meets criteria for frequent care .

Any advice very gratefully received. I'm trying not to panic!!

Thanks

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Fairylea · 05/04/2017 22:45

This group is very helpful - www.facebook.com/groups/518450451568106/

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lougle · 05/04/2017 22:58

The difference between lower and middle rate care really isn't ambiguous at all, so I don't know if you've seen the official criteria? Low rate care is awarded if you give up to one hour of additional care or supervision above and beyond what is reasonably expected for a typical child of the same age per day. Middle rate care is awarded if frequent supervision or care is needed during the day but not at night, or at night but not during the day. High rate is given if frequent supervision or care is needed throughout the day and there are night needs of sufficient frequency or duration to meet the night time care criteria.

Perhaps if you gave some more information about your DC's age and SN we can help? It's hard to tell what went wrong without any sort of information.

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lougle · 05/04/2017 22:58

The SN Children board is probably best.

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Tuliptime · 05/04/2017 23:38

Thanks for the link and for the board info, that's really useful and much appreciated. To be fair on the gov website it is clear but then when I looked at my award letter compared to the official website it became ambiguous. It's all downstairs and I'm in bed now else I'd quote it! My claim form adds up to nearer two hours than an hour but this is mainly help with dressing, care routines and physio so twice a day rather than 'frequent' and night assistance on average only 3 times a week. He's a bit better than he was but much better at nights so I knew it wouldn't stay on high. But nearly two hours a day plus help in school I was hoping would meet middle. I know they don't ask about diet or fund it but the Lower rate won't even begin to even part fund his dietary needs or frequent travel to gosh. he does a lot of extra curricular stuff to strengthen his joints which I'm happy to pay for, it's just such a big drop when his needs haven't changed drastically! Thanks again for the advice.

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lougle · 06/04/2017 18:10

Yes, it does sound like it's not frequent enough to meet middle rate if it's only two hours per day, split between morning and evening.

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Tuliptime · 06/04/2017 22:11

Thanks. It's frustrating because I split his medication regime and physio into twice a day because that's what's best for him. Ideally it should be split 3 times a day but he doesn't want a fuss at school. But maybe 3 times would tip it into frequent. I'm going to make an appt at Citizens advice and take it from there bacause as I say, we were on higher, the only change really is 3 to 4 nights rather than 7. He has a long list of diagnosis but the info recorded on the decision only listed the first diagnosis! Such a frustrating system 😫

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