Mid Rate DLA ?? Would we be entitled?

[TiredMamaroo]

My son has been receiving low rate care and mobility DLA for the past 2 years. He has ASD and ADHD. He was diagnosed with ADHD after we had already started receiving DLA. To be honest, I always thought the low rate care part was incorrect. He doesn’t have an EHCP so that was the DLA’s main argument for not rewarding him higher. I had to do a mandatory reconsideration to get the mobility component.

As he gets older, his needs are only becoming more difficult to manage. He mostly struggles with social skills and his ADHD means he needs near constant reminders. As things are getting more complex, he is struggling. He needs reminders every day for things like getting dressed, how to get dressed, how to manage personal care, not to run away in public, to calm down as he may hurt himself, how to speak to people appropriately etc. He takes around an hour + to get to sleep at night, which involves him making several trips out of his bedroom, and wakes up early every day.

I now have evidence from his school too, which state his behaviours such as he has to sit next to a teacher during assembly for the whole 25 minutes as he will be completely distracted, not paying attention, distracting others. So this is definitely evidence that his needs exceed ‘one hour’ per day (which is the requirement for low rate).

Does it sound worthwhile for me to do a change of circumstances?

[Headfirstintothewild]

You don’t need an EHCP for a higher award. It does sound like MRC would be possible, but be aware if you submit a COC the award can go down as well as up.

[TiredMamaroo]

@Headfirstintothewild Thank you. I know you don’t need an EHCP, but that was DLA’s argument for him not being awarded higher. They said his care needs can’t be that bad or he would have an EHCP.

He definitely is entitled so it would be madness if they took the whole award away if we did a COC. I know they do and say some bizarre things though!

He definitely needs more than 1 hour of care and input everyday.

[SamBusyMam]

Hi, Do your current DLA payments stop when you do a change of circumstances?

[Headfirstintothewild]

No, payments continue.