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Top Disability related benefits topic #6838

Subject: "DLA high rate mob and in receipt of high rate care – case law required " First topic | Last topic
MaxCass
                              

Disability Welfare Rights Caseworker, The Regard Partnership, Kingston upon Thames
Member since
17th Apr 2009

DLA high rate mob and in receipt of high rate care – case law required
Thu 27-Aug-09 01:34 PM

Can anyone please help? I have a client who I recently requested a review of her DLA award due to her challenging, inappropriate and sexual behaviour problems. Following the review she has been awarded high rate care but has remained on low rate mobility, I requested reconsideration as the behaviours are so bad that my client is not able to be out in the community unless she has a support worker with her at all times. Can anyone help me with case law as I am now in the process of appeal? It may also be of use for you to know that the behavioural problems are due to an acquired brain injury when she was 19, she is presently 25.

  

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Replies to this topic
RE: DLA high rate mob and in receipt of high rate care – case law required , bensup, 28th May 2009, #1
RE: DLA high rate mob and in receipt of high rate care – case law required , MaxCass, 28th May 2009, #2
      RE: DLA high rate mob and in receipt of high rate care – case law required , nevip, 28th May 2009, #3
RE: DLA high rate mob and in receipt of high rate care – case law required , pete c, 02nd Jun 2009, #4
RE: DLA high rate mob and in receipt of high rate care – case law required , Lynne, 03rd Jun 2009, #5
RE: DLA high rate mob and in receipt of high rate care – case law required , higginsa, 27th Aug 2009, #6
RE: DLA high rate mob and in receipt of high rate care – case law required , Lynne, 27th Aug 2009, #7
      RE: DLA high rate mob and in receipt of high rate care – case law required , MaxCass, 27th Aug 2009, #8
      RE: DLA high rate mob and in receipt of high rate care – case law required , higginsa, 27th Aug 2009, #10
      RE: DLA high rate mob and in receipt of high rate care – case law required , deborahg, 14th Jan 2010, #12
RE: DLA high rate mob and in receipt of high rate care – case law required , julian, 18th Nov 2009, #11
RE: DLA high rate mob and in receipt of high rate care – case law required , MaxCass, 14th Jan 2010, #13
RE: DLA high rate mob and in receipt of high rate care – case law required , simmseml, 03rd Feb 2010, #14
RE: DLA high rate mob and in receipt of high rate care – case law required , CASL, 16th Feb 2010, #15
      RE: DLA high rate mob and in receipt of high rate care – case law required , Lynne, 16th Feb 2010, #16
           RE: DLA high rate mob and in receipt of high rate care – case law required , higginsa, 16th Feb 2010, #17
           RE: DLA high rate mob and in receipt of high rate care – case law required , Juanita Banana, 02nd Mar 2010, #18
                RE: DLA high rate mob and in receipt of high rate care – case law required , Liz S, 02nd Mar 2010, #19
                     RE: DLA high rate mob and in receipt of high rate care – case law required , Lynne, 02nd Mar 2010, #20

bensup
                              

Benefits Supervisor, Barrow-in-Furness, Cumbria Citizens Advice Bureau
Member since
24th May 2004

RE: DLA high rate mob and in receipt of high rate care – case law required
Thu 28-May-09 11:14 AM

Just a couple that i've used recently: CDLA/6219/1997 & CDLA/3215/2001

Regards

Nicky

  

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MaxCass
                              

Disability Welfare Rights Caseworker, The Regard Partnership, Kingston upon Thames
Member since
17th Apr 2009

RE: DLA high rate mob and in receipt of high rate care – case law required
Thu 28-May-09 11:29 AM

Thanks Nick i hope that this will help the case

  

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nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: DLA high rate mob and in receipt of high rate care – case law required
Thu 28-May-09 11:31 AM

Also see R(DLA)1/2000

  

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pete c
                              

Welfare Rights Officer, Adult Social Care, Cornwall County Council, Truro
Member since
30th Oct 2008

RE: DLA high rate mob and in receipt of high rate care – case law required
Tue 02-Jun-09 08:21 AM

CDLA/2054/1998 gives a definition of 'extreme behaviour ' which you may find helpful. I am not sure if the issue of 'arrested or incomplete development of the brain ....' as per Para5 Reg 12 will be an issue but there was reference to the brain continuing to develop until the age of 30 in CDLA/393/1994.

good luck!

  

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Lynne
                              

Welfare Benefits Officer, Falkirk Council
Member since
26th May 2009

RE: DLA high rate mob and in receipt of high rate care – case law required
Wed 03-Jun-09 03:21 PM

Hi

I had a case where I got HRM for a child who was in receipt of HRC under the "SMI" route. If you send me your email address, I can send you my submission which has relevant case law and breaks down the different components.

Lynne

  

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higginsa
                              

Welfare Rights Officer, Housing and Social Work North Lanarkshire Council
Member since
29th May 2008

RE: DLA high rate mob and in receipt of high rate care – case law required
Thu 27-Aug-09 12:10 PM

I have a child with autism which DLA have accepted arrested development of the brain but not severe behavioural problems. He runs out in front of cars, hits out at mum and dad, screams in public, would your submission help?
Anne Higgins
Welfare Rights
North Lanarkshire Council

  

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Lynne
                              

Welfare Benefits Officer, Falkirk Council
Member since
26th May 2009

RE: DLA high rate mob and in receipt of high rate care – case law required
Thu 27-Aug-09 12:53 PM

Hiya

You are more than welcome to have a look at my submission and use it if it helps. The child I represented had severe behavioural problems. Let me know your email address and I will send it on.

Lynne.

  

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MaxCass
                              

Disability Welfare Rights Caseworker, The Regard Partnership, Kingston upon Thames
Member since
17th Apr 2009

RE: DLA high rate mob and in receipt of high rate care – case law required
Thu 27-Aug-09 01:21 PM

Thank you for your email but i have won the case and now my client receives high rate mobility as well as the care.

  

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higginsa
                              

Welfare Rights Officer, Housing and Social Work North Lanarkshire Council
Member since
29th May 2008

RE: DLA high rate mob and in receipt of high rate care – case law required
Thu 27-Aug-09 02:16 PM

Thanks

HigginsA@northlan.gov.uk

  

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deborahg
                              

migrant advice worker, Southwark Citizens Bureau
Member since
13th Jan 2010

RE: DLA high rate mob and in receipt of high rate care – case law required
Thu 14-Jan-10 09:59 AM

Hi Lynne,
Please could I have a copy of your submission. My client is child with severe autism who gets high rate care (night time attention needs - I have not seen the claim for Care). We applied for the mobilitycomponent and were awarded the Low Rate. We have asked for the decision to be reconsided. I would appreciate seeing your submission
Thanks
Deborah
deborahselmas@southwarkcabservice.org.uk

  

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julian
                              

refugee resettlement officer, refugee & asylum seekers advice project, leicester
Member since
30th May 2006

RE: DLA high rate mob and in receipt of high rate care – case law required
Wed 18-Nov-09 03:21 PM

Hi
I'm also about to undertake an SMI appeal for a young person & would find it really helpful to see an existing submission. Hope you can help.

many thanks

Julian

julian.minnis@theraceequalitycentre.org.uk

  

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MaxCass
                              

Disability Welfare Rights Caseworker, The Regard Partnership, Kingston upon Thames
Member since
17th Apr 2009

RE: DLA high rate mob and in receipt of high rate care – case law required
Thu 14-Jan-10 10:08 AM

Hi Julian,

I have just sent you an email with an extract of my submission, hope that it helps you.

Best regards

Nigel

  

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simmseml
                              

appeals rep, CAB, Derry
Member since
03rd Feb 2010

RE: DLA high rate mob and in receipt of high rate care – case law required
Wed 03-Feb-10 12:49 PM

Hi Lynne... apoligies for late request but am new user and have case pending re the same...am i to late to see your submission ..
eamonnlafferty@hotmail.com..thanks a lot.

  

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CASL
                              

WBU Supervisor, CAB South Lakeland
Member since
17th Jan 2006

RE: DLA high rate mob and in receipt of high rate care – case law required
Tue 16-Feb-10 01:34 PM

Hi, Please could i have a copy of your submission too......(you could have made a fortune selling this!!)

Thank you in desperation!

helen.forrest@hotmail.co.uk

  

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Lynne
                              

Welfare Benefits Officer, Falkirk Council
Member since
26th May 2009

RE: DLA high rate mob and in receipt of high rate care – case law required
Tue 16-Feb-10 01:44 PM

Hiya

No worries, will email it to you. I have sent this to various people now and it seems to have worked so far!!

Good luck.

Lynne

  

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higginsa
                              

Welfare Rights Officer, Housing and Social Work North Lanarkshire Council
Member since
29th May 2008

RE: DLA high rate mob and in receipt of high rate care – case law required
Tue 16-Feb-10 01:45 PM

It most definately does work.

  

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Juanita Banana
                              

Children with disabilities WRO, Redcar and Cleveland Welfare Rights Unit, Redcar
Member since
30th Sep 2009

RE: DLA high rate mob and in receipt of high rate care – case law required
Tue 02-Mar-10 11:44 AM

Hi Lynne


Can I have a copy too please?

beccy_mccabe@redcar-cleveland.gov.uk

Thanks very much

Beccy

  

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Liz S
                              

Welfare and Financial Assessment Officer, Welfare Rights Team Hereford
Member since
21st Nov 2007

RE: DLA high rate mob and in receipt of high rate care – case law required
Tue 02-Mar-10 02:08 PM

Hi Lynne

Can I have a copy too please?

estaunton@herefordshire.gov.uk

Many thanks

Liz

  

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Lynne
                              

Welfare Benefits Officer, Falkirk Council
Member since
26th May 2009

RE: DLA high rate mob and in receipt of high rate care – case law required
Tue 02-Mar-10 02:30 PM

No worries - will email copies to you both. Would be good to hear how you get on. Good luck!!

Lynne

  

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