DLA - watch over. What exactly does that mean?

emskyxx

Hi.

Could somebody please clear up a query I have with the DLA form?

On the care through the night question, it asks if you need somebody to "watch over you for prolonged periods or at frequent intervals"

Does this mean somebody sat up watching over you while you sleep?

As I said in my post yesterday I saw an advocate to fill the form in for me.

I explained that on frequent occasions my partner has to be awake with me as I struggle with anxiety.

The advocate left the box blank which says how long somebody has to be awake as he said that it means somebody watching over you but I was under the impression that as I wake my partner regularly, that would count in that section.

I'd be grateful if somebody could help me with this as he has sent the form off already.

I have been receiving HRC and LRM since 2010. When I first applied I was awarded MRC but the psychiatrist I was under at the time sent a report to them as he said due to my anxiety through the night I should be awarded HRC.

I hope this makes sense and would be grateful for any advice anybody could offer as I'm convinced that my benefit will be reduced because of the advocate not filling out those boxes.

Thanks in advance for any advice.

rogerblack

http://www.disabilityrightsuk.org/disability-living-allowance-dla
"another person to be awake for a prolonged period or at frequent intervals to watch over them in order to avoid substantial danger to themselves or others."

however 'prolonged or repeated attention in connection with their bodily functions; or' may be more appropriate.
http://www.disabilityrightsuk.org/how-we-can-help/benefits-information/law-pages/case-law-summaries/attendance-allowance-and#bodily
Sleep is a bodily function.
If someone needs to repeatedly help you get back to sleep, that may count as attention to a bodily function.

jetplane

Did the advocate tick the other box for night time needs? There are two one is for someone who needs another to be awake to watch over them to prevent substantial danger. I don't think this is you.

It would appear that you fit in the other box that someone needs to be awake at frequent intervals throughout the night to soothe you, calm you, help you back to sleep.

Your boyfriend does not need to stay awake to watch over in case something happens but he reacts and is awake for repeated periods when something does happen.

Does that make any sense? It is natural to be anxious when your benefit is being reviewed.

emskyxx

Thanks for your reply.

I understand what you're saying. No I don't need somebody to be awake to watch over me throughout the night, however I could not be left alone as I wake at frequent periods during the night due to my anxiety and have to wake my partner if he is not already awake.

The thing is, the advocate left most parts of that part blank apart from ticking I have anxiety (I think that was the box)

Previously when I have filled the form in I have put the amount of time and frequency he spends awake. But I'm now concerned as this has been left blank my benefit will be reduced.

It's just difficult to put down on paper my difficulties and I'm sure I'm not the only person who struggles with this.

Almost-free

Previously when I have filled the form in I have put the amount of time and frequency he spends awake.

This is what you need to do, put an accurate time span and the frequency/range of needs you have. Otherwise they won't fully understand your needs. Just because you have had help with the form,this doesn't negate you filling in the parts that you clearly understand better than the person that was helping you!

[Deleted User]

the rule used to be for periods of 20 mins or more
just explain it as it is

emskyxx

The advocate who filled the form in kept it and said he would photocopy it then send it off for me.

I'm going to call on Monday, ask if he's sent it off. If he hasn't I'm going to ask for it back then make an appointment with citizens advice as it would appear he doesn't seem to know what he is doing.

Thanks for all your help. I'll let you know how I get on on Monday.