DLA, Motability part and a few questions

Supermom

Hi hope someone maybe able to explain/help as this is all still new to me.

My DS who will be three next month has severe epilepsy and I was told to apply for DLA by his nurse. I did and he was awarded HRC as he is under 3 he was not awarded any Motability. This was awarded for a year and the week after I was sent the Motability forms to fill in from the DWP even though I had already filled them in when initially filling the form in. I was told to fill all parts in to help explain his needs better.

Now as yet I haven't filled and sent back these forms as I've read on here that they can look at the whole award again and take the HRC off. Has this happened to anyone? I'm a bit unsure as to what to do as the HRC has been a great help towards all the extra costs involved with my sons epilepsy as on an average week we can spend that much on petrol/parking after yet another hospital stay.

Would we be better off waiting until we have to re apply when his year award is up?
Also is it normal that an award is only for a year?

Many thanks

LadyMorticia

I recently put in a change in circumstances for DLA as my mobility has worsened significantly. I was on LRM and HRC.

With the care part, I just put that my care needs hadn't changed and just filled out the mobility part as in the booklet that I got it said that you need only fill out the section that has the change of circumstances.

I was awarded HRM and HRC.

However, they do have the right to look at the whole award again and I think I was very lucky that that my care component stayed at the same rate. My GP was contacted though but not sure if that was just with regards to my mobility or whether she was asked about my care needs too.

My claim is an adult claim though. Not sure if it's the same for a child's claim and awards can be anything from 1 year to 3 years to indefinitely (although indefinitely doesn't mean never being reassessed).

rogerblack

Small children's needs and conditions tend to change more rapidly than adults.

Considering it another way, it's an award of a third of the length of his life.

Yes, they can remove the existing care award.
It's a balancing act.
How strong was the case for hrc?
If it's essentially inarguable that he qualifies, then applying is simple, and fairly risk free.

Technically, it is mobility.
Motability is a charity who in return for the high rate mobility payment, can provide a car.
This is only possible with a longish length of award, I think 3 years or more.

Applying for a 'statement of reasons' on the decision, and getting a full copy of your file from http://www.dwp.gov.uk/privacy-policy/data-protection/ may be useful in determining the strength of the existing decision.

Supermom

Thanks to you both, will take a look at getting the file.

thanks again!

GlasweJen

At 3 years old only high mobility can be claimed, this is for children who can't walk or who have mental illnesses. Epilepsy is not a mental illness so unless your child has another condition that hinders walking then he can't apply until he is 5 and can qualify for low care (for supervision outdoors).

Supermom

Hi GlaswenJen could you point me in the direction of where you found this information please as some of the people I am friends with in the Epilepsy society receive HRM for their children so would love to see how this may or may not apply to my son.

My little boy has twice had to re-learn how to walk since the start of this year and due to severity of his tonic clonic seizures he is often unable to walk for days after a cluster of attacks due to severe exhaustion.

Thanks again, such a nightmare getting my head around things

GlasweJen

I used to be a benefits advisor for citizens advice Scotland.

The DWP website states HRM in kids is for Children who are unable/virtually unable to walk or children who are at risk if they walk. We were told at risk = at risk of death/deterioration of a condition such as risk of heart or lung failure.

http://www.direct.gov.uk/en/disabledpeople/financialsupport/dg_10011816

nannytone_2

low rate mobility is only awarded from the age as 5, as it is for supervision ( rather than being physically unable/virtually unable) and as all under 5's need constant supervision ... there are no additional mobility needs

benefitbaby

Supermom wrote: »

Hi GlaswenJen could you point me in the direction of where you found this information please as some of the people I am friends with in the Epilepsy society receive HRM for their children so would love to see how this may or may not apply to my son.

My little boy has twice had to re-learn how to walk since the start of this year and due to severity of his tonic clonic seizures he is often unable to walk for days after a cluster of attacks due to severe exhaustion.

Thanks again, such a nightmare getting my head around things

For DLA they have to look at the difficulties for the majority of the time, so if your son has frequent cluster attacks followed by periods where he is too exhausted to walk then in theory he could qualify for HRM. e.g. attacks 2 days a week, after each a period of 2 days to recover = 6 days a week he has problems walking.

Then the issue is... is he 'virtually unable to walk' as this is likely to be the only HRM criteria he could meet.

If he does not meet the above but needs guidance and/or supervision to ensure he remains safe out of doors then he could qualify for LRM once he turns 5.

Criteria for entitlement to the mobility component is at section 73 of the Social Security Contributions and Benefits Act 1992.