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Forum Home  →  Discussion  →  Disability benefits  →  Thread

DLA and Autistic children

Anne Higgins
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Welfare rights officer - North Lanarkshire Council

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Total Posts: 42

Joined: 17 June 2010

Not dealt with this kind of case for a long time but I remember using the fact that if a child has a firm diagnosis of Autism then they would qualify for care component CDLA/2288/2007.  Some of my WROs are disagreeing with me is there new case law I am missing

Brian JB
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Advisor - Wirral Welfare Rights Unit, Birkenhead

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CDLA/2288/2007 is not authority that a child with a firm diagnosis of autism qualifies for the care component - that will depend entirely on the facts of the case . What it said was that, in relation to the SMI route to the higher rate mobility component, autism should be accepted as being meeting the condition of an arrested or incomplete development of the brain, following earlier case law involving expert opinion

stevenmcavoy
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Welfare rights officer - Enable Scotland

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Joined: 22 August 2013

there is caselaw that says that a lot of support at school can count if its due to autism/a learning disability as the support is needed to support a function of the brain but that will only be helpful in cases where its relevant,  attending an additional support needs school really helps with that one.

as has been said though its purely down to the facts of the case.