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high mobility for child just reaching qualifying age
never had a child dla claim this before so just looking for a bit of advice.
child with autism who was a few months under 3 when I done the initial claim pack. award has now came back with high care so so far so good.
decision was made just after the child turned 3 (6 day gap) but of course the date of award runs back to when I originally called to request a claim pack.
child turned 3 in the interim and could now qualify for high mob under smi route.
does anyone know if I could request a review of the decision to ask that high mob now be considered (I know it would be awarded from a later date) or do I need to go through the supersession route?
basically I am trying to avoid having to do the form is possible!
Just do a letter requesting a supersession and outline how the child meets the criteria. If they send a form out, if memory serves (in spite of the fact that I’ve done a few of these), there is a box on the form which asks if you want the care component looked at. If you tick no it tells you just to ignore the care needs section. You’re going to need blistering evidence to get it on SMI grounds for a child that age.
Just do a letter requesting a supersession and outline how the child meets the criteria. If they send a form out, if memory serves (in spite of the fact that I’ve done a few of these), there is a box on the form which asks if you want the care component looked at. If you tick no it tells you just to ignore the care needs section. You’re going to need blistering evidence to get it on SMI grounds for a child that age.
interesting, why do you say that nevin?
they have high care and going through the 5 bits of criteria for smi I can see a strong case that they meet them all.
Better you tell me something I am missing though than find out the hard way.
Nearly all the ones I’ve done have gone to appeal and they were for older children and adolescents. The criteria are very tight, particularly the watching over bit (although the case law has relaxed that recently). The DWP often misunderstand the criteria, particularly the impairment of intellectual and social functioning bit. I’ve had them come up with the view that where the evidence is only of a diagnosis of moderate learning disability then the claimant cannot satisfy that criterion. This of course is to confuse the clinical diagnosis with the functioning in the actual world. And tribunals have tended to agree with me. Furthermore, at such a very young age it will be difficult to separate out behaviour due to disability from what can be seen as “age related behaviours.” I’ve put that rather vulgarly I know but I’m guessing you will know what I mean.
Nearly all the ones I’ve done have gone to appeal and they were for older children and adolescents. The criteria are very tight, particularly the watching over bit (although the case law has relaxed that recently). The DWP often misunderstand the criteria, particularly the impairment of intellectual and social functioning bit. I’ve had them come up with the view that where the evidence is only of a diagnosis of moderate learning disability then the claimant cannot satisfy that criterion. This of course is to confuse the clinical diagnosis with the functioning in the actual world. And tribunals have tended to agree with me. Furthermore, at such a very young age it will be difficult to separate out behaviour due to disability from what can be seen as “age related behaviours.” I’ve put that rather vulgarly I know but I’m guessing you will know what I mean.
yes I take the point.
Although I have never had a dla appeal for smi for either a child or adult any ones I have had at claim stage have all been awarded after a review.
I don’t think the dwp really consider it unless specifically prompted to do so.