DLA for senior adults & night time needs

I think you have a strong argument for night time needs regardless of the definition of night time

(You might also have a case for JR of the restricted care package but that is not my area )

Have a look at the old attendance allowance commissioners decision R(A)3/86

Stainsby - 09 May 2022 12:18 PM

I think you have a strong argument for night time needs regardless of the definition of night time

(You might also have a case for JR of the restricted care package but that is not my area )

Have a look at the old attendance allowance commissioners decision R(A)3/86

Thank you very much!

I’d agree that she has strong grounds for the night time needs to be considered in the context of a high rate AA award, simply on the basis of her existing problems.

I’d also agree that a review of her care package would seem to be in order, see section 10 of our factsheet How to get care and support where we explain more about how these are supposed to work.

Paul_Treloar_AgeUK - 09 May 2022 12:44 PM

I’d agree that she has strong grounds for the night time needs to be considered in the context of a high rate AA award, simply on the basis of her existing problems.

I’d also agree that a review of her care package would seem to be in order, see section 10 of our factsheet How to get care and support where we explain more about how these are supposed to work.

“how they are supposed to work” being the problem here.  During the day the care is poor.  She has 4 calls, but by the time the morning call arrives at 11:30am it is too soon for the lunch time call to give her the lunch time meds.  It’s scary how the care industry is struggling and is unable to meet the care needs of people, even when contracted to do so. In another case my client was also supposed to have 4 calls a day.  However, the carers often didn’t turn up or would walk in and ask if he was ok and walk straight out again.  In my lady’s case above, a friend has put cameras in the rooms so she can see what the carers are/aren’t doing as well as speak to my client at bed time.

Thank you for the advice though…  we can look into it.

But remember Ruth, it’s the help that your client requires that is important - what help she does or doesn’t get is neither here nor there for AA purposes.

So the fact that you state she has incontinence during the night which causes her to soil herself, which then means bedding and clothing also needs changing should be enough, in and of itself.

Whilst I certainly agree with all of the above, the bit which leapt out at me was “put to bed”. Night time has been held to start when your carer goes to bed and/or held to include where they stay up late to help you. My guess would be that your claimant only goes to bed when someone is available to put them to bed and that, in effect, the household and its related activities likely close down much earlier in practice than the actual time the claimant is put into bed. I’d argue that the household closed down at the point at which the claimant ceased to actively take part in it.

To update you:

Decision already received and high rate care awarded.

Ruth - 28 June 2022 09:16 PM

To update you:

Decision already received and high rate care awarded.

Oh good, well done Ruth.