Basis of not needing an actual diagnosis of asd to establish condition for SMI high rate mobility in DLA

Hi !  My understanding from guidance and discussion articles is that there is no requirement for a formal diagnosis of ASD or similar - for example where a child is very young - for the ” has a severe mental impairment ” criterion to be established for the SMI route to DLA mobility.  Other suitable evidence can establish this.

Is there a caselaw basis for this ?

Andrew Wilson Big Help Project

The point from first principles is that benefit entitlement generally depends on meeting a factual test, not necessarily having a particular diagnosis or any formal diagnosis at all. The decision maker or tribunal find the facts and they need to be satisfied that the test is met, but whether there is or isn’t a diagnosis doesn’t directly answer that question.

There are counter-examples where a diagnosis is required such as severe visual impairment where the legislation specifies that the certification of, rather than fact of, the condition is what matters, but these are clearly spelled out.

But if you want authority, then perhaps start with R(DLA) 3/06.
https://www.rightsnet.org.uk/pdfs/dla_306.pdf

Thank you Elliot that’s really helpful.