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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

DLA - confused?!

13 replies

Alarmbellsareringing · 06/05/2024 21:19

I’ve (finally) submitted DLA application for my diagnosed ASD son (4yrs). I’m stressing if I’ve written enough on the form. I included his EHCP which mentions throughout the need for constant supervision due to impulsivity and lack of danger awareness, social communication disorder etc.
I have mentioned that DS wakes between 4-4.30am every day and co-sleeps with me so I can ensure his safety if he wakes up so he doesn’t start roaming the house.
will the fact he is up every day between 4-4.30am count as him having night time needs and therefore ensuring he receives the high rate care component? Or would he not qualify for this as he now sleeps for longer periods at night but just still wakes ridiculously early every day?

OP posts:
mitogoshi · 06/05/2024 21:27

The crucial thing about dla claims for younger children is demonstrating how you need to care for them more than would reasonably be expected for a child of their age. For instance my dd has asd too but we didn't meet the criteria until she was 9 because the assessment said you need to supervise all children under that age. Best to now wait and see, if not successful (quite likely) get independent advice on if he likely meets the criteria and what else you need to prove it (I can't help with the former obviously but can make suggestions about the latter.)

Diagnosis alone doesn't get you dla.

Crazychaotic · 06/05/2024 21:30

what time does he sleep from ?

I doubt you will get high rate care
for high rate care
they need substantial over night care.

Alarmbellsareringing · 06/05/2024 21:30

It does mention how he needs constant supervision and a 1:1 when he starts school to ensure his safety, needs to be physically held onto when walking down the road etc as has zero danger awareness, that’s surely a higher level of supervision than other children his age who are merrily scootering and running of their parents, as an example?

OP posts:
3WildOnes · 06/05/2024 21:34

I think it is more likely you will receive middle rate care as at that age lots of parents are up with young children in the night & early mornings.

VelvetTurtle · 06/05/2024 21:43

Mrc includes some night time needs.

Perzival · 06/05/2024 21:43

My son had high rate dla mobility and care from three years old (severe autism, diagnosed at two but obvious needs earlier) without appeal.

Contact a family have some useful guides. Use the criteria and write in the extra info boxes how he meets criteria with reference to his ehcp and any professional reports/ letters/ documentation that you have and quote it and link it to relevant questions. Just make it really easy for the assessor to know what happens and that professionals can back this up where possible. If you have any professionals involved you can always ask them to write a supporting document.

I think contact a family have a helpline too.

Alarmbellsareringing · 06/05/2024 21:48

I’ve already submitted it, but I’ve highlighted in the EHCP every part where it says he needs constant supervision etc etc etc
I’m more wondering if being awake from 4-4.30am every day will qualify him for the higher rate or not?

OP posts:
ThinWomansBrain · 06/05/2024 21:53

If you've submitted it already, surely now you can only wait and see - presumably they look at the whole claim in its entirety to assess, rather than one issue?

VelvetTurtle · 06/05/2024 22:02

I would say no but wait and see; hrc is usually substantial night time needs

Perzival · 06/05/2024 22:28

Like others have said wait for the letter. I think the dwp have a definition of night time somewhere. Something about (from memory snd it could have changed) the rest of the house hold going to sleep before them.

I've known many people who have had to appeal so I wouldn't be surprised if that is the case. I think 4am is night time and most parents of four year olds aren't up with theirs then.

See what happens but maybe start collecting evidence of needs if you get any from nursery etc so you have extra to add if needed. You may want to look at mobility too and you'll need to be able to document that (severe mental impairment - awful wording but more about behaviour and understanding and virtually unable to walk- physically able to walk but can't).

Overthebow · 06/05/2024 22:35

Alarmbellsareringing · 06/05/2024 21:48

I’ve already submitted it, but I’ve highlighted in the EHCP every part where it says he needs constant supervision etc etc etc
I’m more wondering if being awake from 4-4.30am every day will qualify him for the higher rate or not?

I don’t think that alone would, as although it’s on the early side of normal it’s not unusual. Combined with other things maybe though.

elliejjtiny · 06/05/2024 22:43

The dla form describes night time as the time when the rest of the household are asleep I think. My 9 year old gets high rate care. He is still awake and I am sitting outside his bedroom waiting for the inevitable noise of him getting up again and wishing I was downstairs with dh watching something funny on tv.

PickAChew · 06/05/2024 22:49

At 4 they would argue that those waking hours aren't atypical. DS2 was 13 before they considered his tendency to wake up at sparrowfart to be not consistent with his peers. I probably could have fought the decision before the but his claims always ended up coinciding with other big stuff (I have two with ASC) and I just didn't have the energy at the time.

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