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Would you ask for DLA to be reconsidered?

7 replies

NiceCupOfTeaAndASitDown · 08/08/2014 13:47

Hi all I'm just after some perspective/advice on my next move. We have just been awarded DLA for DS who is 3.6 and displays signs of SPD/ASD/co-ordination issues. .We are having him assessed by CDC this month.

We have been awarded the higher care rate but no mobility rate. I think we qualify and have copied and pasted my reasons from an autism website below -

lack or road safety, sensory issues, anxiety, running off, lack of understanding of stranger danger, encouragement to continue a journey or help returning home if becoming distressed.

The â??Severe Mental Impairmentâ?? criteria

To get high rate mobility under the severe mental impairment rules you have to meet every one of the following points.

  1. The child gets DLA high rate care. Yes
  1. The child has a state of arrested development or incomplete physical development of the brain which results in severe impairment of intelligence and social functioning. We can split this rule into three parts to make it easier to consider

(a) The child must have arrested or incomplete physical development of the brain. Where the child has a diagnosis of autism it should be accepted that they have arrested or incomplete physical development of the brain. Obviously we don't know yet but the 'symptoms' are there even if the diagnosis is not

(b)The arrested development results in severe impairment of intelligence. N/A as far as I'm aware

(c) The arrested development results in severe impairment of social functioning. This part of the criteria is usually straightforward to meet because it so obviously applies to autism. DS has a complete lack of understanding about the dangers of strangers, he is showing most signs of social interaction and imaginative impairment

  1. The Severe Behavioural Problems Rule

(a) The child has disruptive behaviour which is extreme. For this part give examples about the extreme and disruptive behaviour. All behaviour is relevant, not just how the child is when outdoors. yes

(b) Due to the disruptive behaviour the child regularly requires another person to intervene and physically restrain the child in order to prevent the child causing physical injury to himself or others yes although he 'masks' spectacularly well in public at nursery/playgroup etc to a certain point. at home I need to intervene and restrain him as he seems to have no impulse control when overloaded/hyperactive and this can happen when out and about but it is unpredictable; sometimes he seems just fine

(c) The disruptive behaviour is so unpredictable that the child requires another person to be present and watching over them whenever they are awake. again this is true when at home, at nursery he is a different child. .he 'saves' it all for me!

I was extremely thorough in my application form, I made all of these points very clear so I am wondering if perhaps I should leave it and either contact them again if/when we get a diagnosis or rather wait until he is 5.. I'm thinking he should probably qualify for the lower rate...so does he need to be 5 to get that?! The whole thing has been so confusing and I don't want them to turn around and say we can't have higher rate care if I ask about mobility.

so if you have a similar child (with/without diagnosis) and don't mind sharing, WWYD? is my understanding correct that perhaps if he was physically unable to walk he would qualify for higher rate mobility at 3 but the refusal episodes/lack of danger awareness/bolting etc just mean lower rate and he needs to be 5 for that? Any help greatly appreciated Smile

OP posts:
bjkmummy · 08/08/2014 13:50

It's very difficult to get hrc under the age of 5. You have more chance getting lrm at age 5. But that doesn't mean its impossible and I do know people who have appealed fought it and won hrc. It's just how much you want to battle it. I got hrm for my elder son relatively easily but he had turned 5 when I applied. My younger son got lrm and I did ask for that to be reconsidered last year along with his care rate as he needs had changed, the gave him high rate care but still lrm which I decided I was happy with so left it there and didn't appeal

minionmadness · 08/08/2014 14:44

As far as I'm aware (unless things have changed) a child needs to be 5 to be awarded LRM.

HRM can be awarded under 5...

chocisonabikinidiet · 08/08/2014 15:06

yes, that is corre

chocisonabikinidiet · 08/08/2014 15:07

yes, that is correct. under 5 there is

chocisonabikinidiet · 08/08/2014 15:07

yes, that is correct. under 5 there is only high rate mobilit

chocisonabikinidiet · 08/08/2014 15:08

y. low rate mobility is only awarded from 5 onwards.

NiceCupOfTeaAndASitDown · 08/08/2014 16:50

Thanks all. I don't think his needs would qualify for the higher rate only the lower so if his issues remain the same or get worse then I will ask for a reconsideration when he turns 5

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