DWP Decision Maker's guide here
There are lots of technicalities.
"Jasmin, a 5 year old child, went to bed at 8pm and at 10pm her father took her to
the toilet. This was attention relevant to the day condition and not the night condition
as her parents went to bed at 11pm. The household therefore shut down at 11pm."
So if you normally go to bed at 10pm, but have to go through to your child at 11pm, that is night-time; If you normally go to bed at 12am but go through to your child at 11pm, that is day-time.
"George is aged 81 and suffers from dementia. He has always had a pattern of
having very little sleep for a maximum of 4 to 5 hours per night. He has always risen
early, sometimes as early as 4.30am or even earlier. He often got up early and
would go out walking. He had previously had an allotment and would often visit that
allotment as early as 4.30am. Once he was up he spent a lot of time out of doors. At
times he would become confused forgetting even his name, his destination or the
purpose of his trip. George satisfies the night ?watching over? provision as his
resident carer would consider that 4.30am was night."
So it isn't about an absolute time, it is about what could reasonably be considered night-time by the carer, even if it is 'normal' for the cared-for.
High rate mobility on behaviour grounds will fail if the child can play alone at any time:
"Jane, although displaying some behavioural problems, is capable of playing alone in
her room with the door closed. The claim to the higher rate of the DLA mobility
component failed as the carer is not required to be present and watching over Jane
whenever she is awake as the bedroom door was closed with the carer on one side
and Jane on the other."
Some people have found that having a 'safe-space' disqualifies them from having HRM or even HRC, because their child doesn't need watching over when they are in the safe space.
For instance, if your child can play with their bedro