help and advice dla mobility

[kimberleyg]

hi everyone im new to the site and im looking for some advice.
my son is 5 and diagnosed with asd and he gets middle rate care we have just applied for mobility and have been awarded low rate mobility.
my son is really bad when out of the out ie meltdowns running off runs into the road punches nips bites kicks headbutts he throws himself to the ground and bangs his head and then wont move this is a everyday and and not just out and about in school and at home.He has no sense of danger or fear nor stranger danger.
Im just wondering if i can get the claim looked at agian under virtually unable to walk as he is not making a concious decision to lie there or run into the road he doesnt understand the conseqeunces of running away or into the road.
my son is also anemic and suffers from shortness of breath tiredness fatigue.
we believe he meets the high rate criteria but stuck on what to do or who to see.

thanks apologise for the length xx

[kimberleyg]

on the award letter that arrived today its.
You are entitled to the lower rate because you need someone to guide or supervise you when you are walking on routes that are unfamiliar.

for children under the age of 16 any attention
guidance supervision or watching over they require must be substantially greater than that required by children of the same age without disabilities.

i feel like they have not looked at any of the evidence i sent in and they have copied and pasted the lower rate criteria bullet points on the claim.

[LouKout]

You have to get high rate care to be eligible for high rate mobility.

To be eligible for high rate care you just need substantial care both during day AND during night.

To qualify for high rate mobility you would need to show he has severe intellectual impairment...

The following link is helpful


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

[LouKout]

Must need, not just need.

[LouKout]

If he only gets middle rate care he ont get high rate mobility though.

[LouKout]

Also yes they do copy and paste the criteria on the letter no matter what rate you are eligible for.

[kimberleyg]

so the only way would be for everything to be looked at again my sons need has changed drastically from his mrc award when he was 2

[LouKout]

Yes the whole claim would need to be looked at again.

[LouKout]

If he doesnt need care in night he just won't get higher rate care at all though.

[Sleepyblueocean]

If you are claiming under the virtually unable to walk criteria then you don't need high rate care but it is very difficult to get it for asd under that criteria.

[kimberleyg]

my son is up alot during the night sometimes he only sleeps for 2 to 3 hrs then up the rest of night

[lougle]

To get high rate mobility you either need to show that he is virtually unable to walk or that he has severe mental impairment, resulting in severe impairment of social function and severe behavioural problems which are so extreme that they need someone to watch over them whenever they are awake.

This is difficult (but not impossible) to evidence for a 5 year old, because all 5 year olds need high levels of supervision at the roadside, no 5 year olds are safe at the roadside, and all 5 year olds will need someone to be awake if they are awake. So it will come down to 'extremes' and demonstrating that most 5 year olds will need supervision and a hand hold at the roadside, but your child is a bucking bronco (no offence intended, just remembering my DD at that age!) or that most 5 year olds can be reminded that we stop and look for cars, but your child will continue to run full pelt into the traffic....etc.

DD1 got HRM for her 2nd lot of DLA. We intended her to get it under the SMI rules, but with all things considered, they decided she passed the 'virtually unable to walk' test, then. On her 2nd renewal, she had strengthened and she rightly dropped to LRM again, and she now has low rate mobility (and high rate care) until she moves over to an adult claim.