DLA Child Educational Needs

I need some advice on Child DLA, appeal hearing next week. Client has statement of special educational needs for minimum of 15 hours per week, learning in some areas is at least 3 years below peers. She also has some anxiety and confidence issues linked to PTSD and has Migraines.
DM has noted client has educational needs but indicated needs would need to be non educational in order for an award of DLA to apply. Does anyone know the reaoning behind this, I’m not aware of anything which says educational needs cannot count towards attention?

This is wrong and based on old and discredited reasoning.  See, among others, CDLA/1983/2006.  I was the rep on that case if you wish to discuss it further leave contact details.

Furthermore, the educational statement is merely the starting point.  You have to reckon all the extra attention that the child requires (smaller class size, one or more teaching assistants, etc) along with the extra effort put in to try and prevent a child falling behind his peers and/or to catch up.

Thanks for that, will check out the case law and get back to you if I need more advice. It just didn’t make sense that they considered learning support as not counting for attention.

Sometimes it feels like the DMs make it up as they go along in the hope that claimants will just go away.
Client of mine keeled over at an ESA tribunal as the exertion of walking to the hearing from the waiting room was too much. GP on the panel rescuscitated him and awarded ESA on Reg(1) Walking 50 metre thingamabob. Claimed DLA, posted tribunal notice (10 days old) and other medical evidence proving inability to walk and waited. Guess what : refused : ENT1 stated : you have no problem with walking and can walk over 200 metres. At times i feel like posting a blank form and asking the DM to just fill it in at their end as they disregard what we enclose anyway. Reconsideration request led to HRM but it shouldnt have been necessary.

nevin I currently have a case involving a young adult who suffers from autism.

the medical and other evidence available suggests that she struggles with things like understanding the value of money and has no concept of this.

I have read CDLA/1983/2006 and am I right in thinking I can argue that assistance with this should be taken into account as the need arises due to an impairment of a bodily function i.e. the inability of the brain to process this information due to a specific condition?

she has other educational support but just wondering if i am thinking along the correct lines.

You’re absolutely spot on.  So, think also of communication difficulties.  Does the person need instructions breaking down into simple parts with plenty of repetition and re-enforcement (checking of understanding).  People with autism often take things literally and cannot discern nuance, tone or emotional content.  Effective communication then requires thought, time and effort, and this all counts. 

Kids and young people with autism often get very frustrated and upset as they perceive that others don’t understand what they are trying to communicate to them.  They can also be obsessional requiring a rigid order to events, the disruption of which upsets them. They can obsess over one particular thing.  For one boy I knew it was cars, for a girl it was horses.  They require a lot of effort to broaden their horizons and to interact with others more.  These are just a few examples.

thanks.

I was really struggling with this one as the evidence states she can wash, dress etc etc and a lot of her input is in regards to education, communication, emotional support etc.

I also found strange though the thought process that someone who couldnt read a time table, signs etc etc but could ask for help wouldnt qualify for dla as i always thought to ask for help you would be needing the assistance of another person in guiding you on the right way to go. 

I should probably just be happy a slotted spoon or a perching stool wasnt suggested as a method of helping though.