"Severe behavioural problems
61376 People are treated as having severe behavioural problems if they exhibit disruptive
behaviour that
- is extreme and
- regularly requires another person to intervene and physically restrain them
2.1 to prevent them injuring themselves or others or
2.2 damaging property and
- is so unpredictable that they require another person to be present watching
over them whenever they are awake1.
It is essential that all three conditions are satisfied. The disruptive behaviour does
not need to be displayed at all times but it must be extreme. The word ?extreme? is
an ordinary English word which here refers to behaviour which is wholly out of the
ordinary.
1 SS (DLA) Regs, reg 12(6)
61377 People who have severe behavioural problems may
- be destructive
- be reckless with dangerous things
- be aggressive and attention seeking
- self-mutilate or abuse themselves
- be hyperactive
- display persistent body movements
- disrupt the household during the night.
Note: This list is not exhaustive.
61378 The conditions at DMG 61376 can only be satisfied if the disruptive behaviour is
- a regular occurrence and
- a constant risk.
Aggression, destructiveness, hyperactivity and self injury may require physical
restraint.
61379 The claimant?s behaviour must be so destructive and unpredictable that they require
the presence of another person to watch over them whenever they are awake. This
is in all aspects of the claimant?s life both indoors and out. If a claimant displays
behavioural problems at home but elsewhere, for example at school, is well
behaved then the test will not be satisfied.
Example
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 other1.
1 R(DLA) 09/02
61380 The claimant?s condition must be such that the constant presence of another person
is required to intervene, and restrain the claimant, to deal with unpredictable
behaviour. The restraint must be a regular occurrence. If supervision, or a structured
environment, short of physical restraint prevented the claimant from being
disruptive, or from being disruptive on a regular basis the test would not be
satisfied1.
1 R(DLA) 07/02
Example
Benjamin is disruptive at home whenever his mother leaves the room, or her
attention is diverted from him, or he does not get his own way. Whilst in the
structured environment of his school Benjamin displayed no behavioural problems.
The claim to the higher rate of the DLA mobility component fails on two counts. At
home it is the presence and active interest of his mother that is sufficient to prevent
disruptive behaviour. At school it is the structured environment and supervision that
prevents the disruptive behaviour."
The test is pretty strict, and you have to be able to fulfil all the parts.
If you read this guidance, and think that your DS qualifies, then you need to appeal.
Interestingly, it isn't how disruptive their behaviour to you as a family that counts, so he could spend 4 hours led on the pavement, and it would fail. But if at any time he would walk in front of a car, or lie down on the road, etc, that is more likely to suceed, because there would be danger to either himself or other road users.