I have a client who is currently in receipt of MRC and LRM due to blindness but he has also recently lost his hearing. I understand to qualify for HRM we have to be able to demonstrate his hearing loss is in excess of 80% and he must be unable to walk outdoors without help of another person - his social worker is very concerned because he is very distressed about possibly losing his existing award if we apply for an increase in his mobility.

His original claim went to Tribunal before being awarded and he now has a guide dog - can anyone offer advice as he is convinced that he will lose his DLA altogether but we are equally convinced he should get HRM!

Many thanks

Liz

Hi Liz,

I think the easiest way to reassure this client is to request a DLA434 form. This is the 'looking again at my claim' form which comes in 3 separate parts. Section 1 admin (name address etc), Sections 2 and 2a relate to care and mobility. You do not have to return the care section (the guidance that comes with the form confirms this) and therefore if you send only the mobility section this will be considered by the DM on its own - given what you say LRM is guaranteed and therefore the client will be definitely be no worse off.
Should set their mind at ease whilst persuing the HRM.

Chaos

Iv'e not had a case of a claimant satisfying the blind and deaf person category for high rate mobility. Therefore I've looked at regulation 12 (2) & (3) of the Social Security (Disability Living Allowance) Regulations 1991/2890 and the commentary in Bonner. Also DMG Volume 10 Chapter 61, Paragraphs 61335 to 61342. There may also be some guidance published for medical services.

It appears to me, other advisers who have done them may have a different experience, that the case needs to be detailed in order to qualify and the above references need to be looked at when seeking to change the award. If they are a person of a nervous disposition they not only need to worry about losing what they have got but also making sure that they have a clearly supported case in order to gain the higher rate.

Having read the above the case for closing down the case work section of RNID seems to be even more of a mistake.

Shaun

You probably know that anyway the Govt is planning to make HRM available to some blind people from I think April but the regs haven't been made yet. I think the Dept will probably contact everyone who they know to be blind when this happens.

hi.

higher rate mobility for people with severe visual impairments is coming in from April 2011 - see rightsnet story -
Extending entitlement to the higher rate of the mobility component of DLA to those with severe visual impairments"

cheers ros

Thu 04-Mar-10 10:05 AM by shawn

(Edited to shorten link)

two things

- high mobility for people with 'most severe visual impairment' comes in from April 2011, and link above is to draft regs. This is RNIBs explanation of proposed changes.

Note that not all registered blind people will qualify under the new rules.
A client would have to be registered severely sight impaired / blind (or at least register-able) to be considered, then DWP would need evidence of their actual level of sight loss regarding visual acuity and visual field.

- high rate mobility under deaf/blind route; you first have to be 100% disabled by sight loss (same as registered severely sight impaired / blind), then DWP will need audiogram to measure extent of your hearing loss for 80% disablement. They calculate your percentage disablement based on measured dB loss at certain frequencies.
The definition of 80% deafness has been linked by caselaw to rules in IIDB for measuring occupational deafness (hearing loss caused by exposure to noise) and we don't think this is appropriate methodology to assess functional disablement from deafness where for example, a client has been deaf since birth.
I have examples of clients who have been BSL users since birth, who have been measured as 'not deaf enough'.

The rules do however have a catch all provision, whereby the level of disablement can be increased or decreased 'as reasonable' based on other evidence.

alban