ME and DLA

Hello there,

Just wondering if anybody has any experience with DLA claims for people with ME.

My client currently gets LRC/HRM. On the face of it the LRC appears to be correct - the client needs help with meal preparation but is otherwise independent with her personal care tasks (although she does have bad days where she has to stay in bed these are very much in the minority).

However client states that whilst she is able to do her basic personal care tasks (wash/get dressed etc), these activities leave her exhausted and unable to do anything else (i.e. the activities that would not normally be covered by DLA). Does she have an argument for MRC?

Any thoughts/advice would be welcome.

Under DLA there is the requirement that someone “requires attention in connection with their bodily functions”, and case law has established very clearly that someone has to “REASONABLY require” the attention/help, and that it is not necessary for them to actually receive it. If you can make the argument that were someone to help your client it would make these other daily tasks significantly quicker and/or more effective and/or less painful, you could make a case for middle-rate care.

PIP has “safely, to an acceptable standard, repeatedly and in a reasonable time period” written into the rules. But scattered among the case law for DLA are pretty much the same provisos.

If you’re going for a supersession of the DLA, use the phrase “reasonably requires” a lot. I can’t guarantee that it will work, but there’s a reasonable chance.