Mandatory reconsideration

[Ceej1520]

Hi lovely people on the net, I’ve recently been awarded middle rate care DLA for my 4 year old autistic child. I am going to put in for a mandatory reconsideration due to him only getting middle rate. I’ve always been under the impression that if a child is needing over night care, which he does he should be entitled to the higher rate? He’s 5 in may, still wakes through the night, is still in nappy’s he’s only been verbal for 8 months, I’ve sent off a hell of a lot of evidence reflecting his needs, he’s mental age is delayed by almost 3 years, he has a special buggy as he’s not aware of any kind of road safety and he is a flight risk in loud or busy environments so need to be strapped for his safety (I know he isn’t entitled to mobility due to his age) he barely eats and has very high sensory issues. He’s never slept a night in his life and still has bottles over night. He will sleep for roughly 3 hours at a time with woken interval at least 2 times a night! I have tried to stop the bottles but it’s always failed. My question is am I right in thinking he should get the higher rate? How likely am I right to win? Thanks in advance! One very stressed mumma

It is care in excess of what is expected for a typical peer the same age. For example, being in nappies alone wouldn’t count because it is within the normal range for 4 year olds to still be in nappies or pull ups overnight. Whereas if for example DS needed changing every hour overnight, that would be in excess of what is typically required. You need to explain in detail. Another example, some typically developing 4 year olds still wake in the night - are the periods DS is awake 1 minute and he re-settles easily or 1 hour with DS needing significant support to re-settle and needing constant supervision for the time he is awake?

If eligible, you can get HRM for 4 year olds.

as he’s still having bottles he’s having multiple changes through the night, he also wakes for different lengths of times, some times it can be a quick resettle other it can be over an hour, majority of the time it is minimum of half hour he’s awake in between, often hell wake around 4 am and won’t go back at all it varies really. He’s not eligible for the mobility as he is able to walk he just has the disabled buggy for his safety xx

If you ask for a mandatory reconsideration, you need to explicitly explain in detail the night care DS needs that is in excess of what is typical.

Whether DS is eligible or not I don’t know because you haven’t posted enough, but some DC can still be eligible for HRM and be physically able to walk.