Disability Living Allowance for Daughter

fife_2

Hello,

Quick question about whether its worth it pursuing my DLA claim for my daughter. A little about her.

My daughter is 3 years old. She was born with right sided hemi-paresis, a form of cerebral palsy. She effectively finds it difficult to use the right side of her body. She cant really use her right arm and hand. She also finds it difficult to walk, getting tired quickly and needing one of us parents to carry her.

She currently is getting Botox injections in her legs twice to three times a year, and also a plaster cast on her right leg three times a year to try and help the development of the leg. She obviously falls over a lot and well is nowhere near as fast and mobile as her twin sister. Infact, her mobility seems to be getting worse, the older she gets.

Initially I applied earlier this year and she was awarded middle rate care and no mobility. I didn't appeal it as I thought it was pointless.

She has now however developed Epilepsy and her seizures are becoming more regular, especially during the night. She is getting them once every 4 to 6 weeks. She has officially been diagnosed with this and receives medication.

I know its probably not the right place to ask but any advice is good.

Is it worth it getting a change f circumstance due to her now having epilepsy? Also, should I pursue the mobility element?

Warm regards

Andrew

[Deleted User]

I'm not 100% positive but i seem to recall that its difficult to get mobility award for a child under 5, as for the epilepsy seizures every 4-6 weeks used to get 0 points, only more frequent seizures i.e. one or more a week scored points.
HTH

kazzah

Hello Andrew
so sorry to hear about the struggles your little one has
I definitely think your should pursue the mobility component of DLA
regarding the high care component - I don't think a seizure once every 4-6 weeks during the night would warrant HRC at this time
As far as I am aware she would need frequent attention during the night to qualify for HRC - of course if her condition worsens ( which I hope it doesn't) then you should think again.
Good luck - I don't know if you have contacted the support group for her condition - but they may well be able to offer some advice or support for your appeal - they can be found at; http://www.hemihelp.org.uk/

kazzah

venison wrote: »

I'm not 100% positive but i seem to recall that its difficult to get mobility award for a child under 5, as for the epilepsy seizures every 4-6 weeks used to get 0 points, only more frequent seizures i.e. one or more a week scored points.
HTH

Venison- the age limited was reduced some time ago to 3 years of age

[Deleted User]

kazzah wrote: »

Venison- the age limited was reduced some time ago to 3 years of age

Thanks that why i said i wasn't sure, since PIP I've lost touch with DLA

Alice_Holt

Your local CAB would be able to advise you.
It would be worth asking for copies of the relevant pages from the Disability Rights Handbook, then you would be better placed to judge if a DLA supercession request would likely to result in a increased award.
Basically for a HR Care DLA award, you would need to demonstrate repeated (more than 3 times) or prolonged (20 mins plus) care needs during the night (in addition to day time care).

Mobility is more subjective, and may hinge on the additional care needs over a non-disabled child of the same age. For HR mob, it is looking at whether the child is "virtually unable to walk".
"The higher rate mobility component can be paid from age three. It is for those with severe walking difficulties, those who are deaf blind or severely visually impaired and some children with severe behavioural problems."
http://www.cafamily.org.uk/advice-and-support/money-benefits-work-and-childcare/benefits-and-tax-credits/disability-living-allowance/
LR mob is concerned more with supervision and attention, this can be awarded from the age of 5.

Bear in mind that if you ask for the award to be superceeded, this gives the DWP the ability to review your current award - so it could reduce, increase or remain as is.

Are you claiming the disabled element of CTC for your child? Is anyone getting carers allowance?

fife_2

Thanks for the replies.

We do receive the disability element of CTC and my other half receives carers allowance. It's easy to tell how much of an effect it has on her mobility at her age because she is a twin.

Her seizures last over an hour and always at night. We generally need to call an ambulance because the length of time they last.

It's quite hard for us to carry her most places because her leg is so uncomfortable and sore. We obviously won't be able to carry her when she's bigger.

Virtually unable to walk - I think that would be bending the truth tbh.

Alice_Holt

If she is at risk of night time fits at any time, and you need to keep an eye on her during the night for the majority of nights a HR care award may be possible.
If it is only (sorry - not an very appropriate word - but you know what I mean) every 4 / 6 weeks then the DWP would be unlikely to change the award (even given the obvious severity of the fit).

At 5 a LR mob award would be well worth pursuing (especially with the risk of seizures).

But do get another opinion from your CAB.

Tigsteroonie

Just to clarify, you don't "pursue" the mobility element. You complete the DLA form with an accurate picture of your child's situation, their care needs and their mobility difficulties. The assessors will determine whether you are entitled to the care and/or mobility elements and at what level. If you disagree with that award, you can ask for a reconsideration and then try an appeal.

You can get advice from CAB or from most of the major children's charity websites (CAFamily, Scope, etc) to help you complete the form.

Bear in mind that whenever the DLA form is completed and submitted, the claim is considered 'as new' and no reference is made to the previous award; thus if you are assessed more harshly (and it can be that subjective, unfortunately) your child might lose the current award/level.