Hi

I helped a client fill in a DLA form and thought that it was very unlikely that an award would be made. However, last week I got a letter through and he had been awarded middle rate care for needing frequent attention with his bodily functions throghout the day! The only help that the department accepted he needed was help with communicating (the client has problems speaking). I would have thought that someone who only needs help communicating would not be entitled to any award.

I am not complaining, the client has a genunine disability and I know this is not a case when I need to inform the department that I think they have made a mistake.

I would just like other people's opinions so I am aware of the issues involved for my future cases.

Thanks

Hi,

If you look at the current CPAG book, page 115. "A tribunal of commissioners has ruled that communication is made up of a bundle of bodily functions". These functions can include functions of the brain or the senses, and I would add physical functions of the body related to speaking. There are many physical conditions that can cause somebody to have speech and language difficulties by affecting "bodily functions". Some of these will probably affect other functions as well so people may qualify through the need for other kinds of attention but there is no reason why the need for attention in connection with communication alone shouldn't qualify somebody for the care component.

If somebody enounters situations frequently spread out enough through the day where they require active help communicting with others to ensure they are understood as well understanding others then mid care is right.

Matt Finch
Senior Welfare Rights Officer
Leicester City Council

As already highlighted, both hearing and speech are deemed as bodily functions and there is quite extensive Caselaw and regulations to cover these issues.

We regularly use this arguement with profoundly and pre-lingually deaf BSL users.

I appreciate your case is slightly different, but its good to see a positive decision being made in respect of this disability.

I understand that speech counts as a bodily function. What I do not understand is how somebody who just needs help speaking would need frequent attention throughout the day.

Hi,

This is why different people can get different awards with seemingly the same condition or difficulty. It depends on how often someone needs help. If you have a reasonably busy life and interact with people regularly through the day and need help with speaking you will encounter many situations throughout the day where you need attention in connection with a bodily function. If you spend most of your time alone and rarely interact with other people you might not have many occasions where you need the attention and therefore not qualify.

Sometimes you get the right outcome without too much difficulty!!

Matthew Finch
Senior Welfare Rights Officer
Leicester City Council

Basically the answer to your question is the focus on Phonetics which is a branch of linguistics that comprises the study of the sounds of human speech and it is concerned with the physical properties of speech sounds, and their physiological production, auditory perception, and neurophysiological status. Therefore if this is not evident in a person with lets say lingual issues, then the receiver of information or speech will not access what is being said, so therefore one or both may care or attention in connection with.................

Hope that helps ?

Thanks for everyone's help.