I have a client who had a head injury in June 08. He was refused DLA at any rate. I am OK arguing for mob but would like some information on the care component. He needs to be supervised when with his daughter now because he cannot control temper due to the head injury. Could I argue for under supervision rules related to the need for supervision when with his daughter.Does anyone have any similar cases or case law I could use. Thank you.

Are you familiar with "Headway". They're a charity set up to give help and support to people affected by brain injury. Their website is www.headway.org.uk. They have a local branch in Norfolk. Their website offers a wealth of information from which you could find inspiration for your DLA application!

To be awarded DLA for supervision, it would have to be the middle rate at least. The criteria is he must need "continual supervision throughout the day" for Middle rate and (in addition) another person has to be awake for a prolonged period of time or at frequent intervals for the higher rate.

Check pages 113-119 CPAG for how these terms have been interpreted.

Good luck,

Bea

see CDLA/5216/1998
It lays out a good foundation for each of the points you will need to argue here but I think you have an arguable case.

Supervision means you need someone around to prevent accidents to yourself or other people.So as long as you can argue that the child is at risk of an accident when in his presence I think you have a good case.

I had a depressive man who cared for his elderly mother. He was turned down for supervision when he was in a low mood - which was 3-4 times a week.
But he told me when he goes into his other world he feels sure he do her harm. He had been taught coping strategies. At that point he rang his sister and locked himself in his room. Sister would check on the parent and then talk him through his problems.
I got the decision revised.
If you can get an O/T report on the impact he has on the family that would be a real help. Most brain injury O/Ts give excellent reports.