AARGH big DLA help needed please!

[surprisenumber3]

HI
I claim DLA for DS1, has been getting middle rate carers since he was 7.
He is now almost 11 and have had to reapply.
Basically he needs are the same, if not slightly more, than they were when he was 7 but they have put his entitlement down to the lower rate, saying he needs an hour or so of care a day.
I made it quite clear in the form that he needs help 3-4 times a week at night too, and throughout the day, definitely more than an hour.
What is the best way to explain this please?
Do I tell them or just appeal?

You do both, you write to them stating what is wrong and these are the grounds for your appeal too.

So write a letter to them in the hope that they will change their mind and appeal in case they dont.

Make it clear why he needs help and for what (meeting the criteria) and provide evidence.

thank you.
I will give it a go

Have a look at the cerebra website. They have a guide which says the difference between lower and middle rate care is that, for middle rate, you need to demonstrate that help is needed frequently through the day and not just once or twice (as in help with getting dressed at the start and end of the day). For nights to count, it has to be an average of 5-6 nights a week.

Surprise, you should have received details of their decision, setting out exactly why they have reduced your claim to lower rate. (i cant remember whether its called Notice of Decision or Written Reasons)

You base your appeal on those reasons and proving them wrong ie state the criteria of middle rate and how your ds meets this criteria. Include any evidence that backs you up. If you dont have any recent evidence, you can get your GP to write you letter to use as evidence.

Good luck, its a pain in the arse isnt it!

thanks I called them they said personal care is only about an hour a day, that was it!
I used the cerebra booklet to help me in the first place.
basically he needs help 5-10 mins every night and then regularly throughout the day, probably 8-12 times for varying amounts of time.
Plus endless hospital appts etc!

As claw said, you should have their reasons why they awarded lower rate, so definitely emphasise how continuous and frequent the daytime help is. If you kept a diary to support your application, then it might be worth highlighting that frequency on the original copy.

And remember that the onus is on convincing them that the help he needs really is more than his peers would typically need. (and heck, these forms may be long - just been working on my re-application for DS1 - but there's really just not enough space on them for all this stuff, where ASD is involved!)

I am just faxing a letter to them of a typical day. Yes, most things are only 2-5 mins at a time but the list is huge!

Surprise needing help for 5-10 minutes at night would not meet night time requirements, so you need to show that your ds needs frequent attention with bodily functions or continual supervision throughout the day to get middle rate. Does your ds need support in school during the day?

Lowest rate
For people who need attention with bodily functions, for example eating, washing, dressing and using the toilet for a significant portion of the day

Middle rate
For people who need:

frequent attention with bodily functions throughout the day, or
continual supervision throughout the day to avoid substantial danger to themselves or others, or
prolonged and repeated attention at night in connection with bodily functions, or
someone to be awake during the night for a prolonged period or at frequent intervals to avoid substantial danger to themselves or others.
Highest rate
For people who satisfy the middle rate criteria for both day and night.

I don't expect to get the higher rate, just the middle. 5-10 mins is on a good night, a bad night can be a couple of hours, but is only a couple of times a week usually. it is frequent throughout the day, do psychological support and hospital visits count?

what about adaptions that are needed and chatting with schools etc. I had to give up my job due to his appts

Surprise, give your bad nights as examples and remember the help has to be in relation to bodily functions or avoiding danger or prolonged reassurance. What would your ds do if you did not tend to him etc.

Frequently during the day, they will probably ask how he manages at school. For example can he eat, go to the toilet etc without help. Does he require constant supervision in school to avoid danger or need constant help and reassurance.

Psychological support is helpful as evidence, hospital appointments no.

Unfortunately you have to meet the criteria and nothing else, regardless of equipment needed or time spent talking to school or appointments.

thank you. this is horrible

my carers allowance would stop too wouldnt it if low rate care only?

yep, you would get about £18 a week.

You could get middle rate, if you can show that your ds needs help for a significant portion of the day (lower rate criteria)

AND

your ds meets the night time criteria.

just wondering why I got it last time and not this when the gap has widened between him and his classmates.
Well I have faxed my letter (2 pages of A4 which is a list of what I do for him daily that I wouldn't need to do for another child of his age!).
It actually shocked me, I didn't realise I did so many little things as I don't think about it. But pouring a drink, toothpaste on toothbrush, doing collar, tucking in shirt, zipping up coat, cleaning glasses, help in the shower, putting everything in his lunch box into cling film so he hasn't got to handle packets, carrying his stuff to school, cutting up food, opening a banana...the list is endless and I don't even realise that I'm doing it to be honest.

Surprise, did you keep copy of your 1st application perhaps you can refer back to what you wrote 1st time around and compare?