DLA question

anj_S

From my other posts you may know i have an ongoing battle with the DWP to get dla for my teenage daughter

Ut has been refused again and having looked at the decision makers guide

http://www.dwp.gov.uk/publications/specialist-guides/medical-conditions/a-z-of-medical-conditions/epilepsy/nocturnal-seizures-epilepsy.shtml

I think they are basing in on this. They say there is no risk of choking yet my dd vomits?.

Doesnt appear they take into account the fact that i have to change bed either.

How do i challenge dm guide.

rogerblack

This is a guide which has no legal force at all.
It is used to guide decisionmakers in their decisions, and may be persuasive to them.
It is not cast in stone.

However.
Have you had a statement of reasons for this decision, which would allow you to have more understanding?

Changing bedclothes - if the person is able to change them themselves reasonably - would not add additional care needs.
Clearly this might be questionable in the cases of a 12yo, but not for a 5yo.
The above text you mention specifically addresses choking - it does not mention vomiting.
It also does not mention what happens with 'special pillows' - if people thrash around and alter their position.

di3004

I have a renewal sent in now and just received the acknowledgement letter, this is in regards of my disabled son with special needs.
I am his appointee, as he will be reaching his 18th Birthday in January 2013, so it expires a day before his birthday.

When we first applied some years ago, it was turned down, and eventually awarded after appeal, as I failed to confirm how much time was required and given both day and night.
Although obviously the applicant should have a disability as such to be entitled to the dla, they do tend to go by the care given and how much etc.....

I hope this is resolved soon, do not give up.;)