DLA question

ChampionsOfEurope

Hi there

We have been turned down for child DLA for our 9 month old baby and just wondered if anyone would have any idea whether it is worth an appeal or not

He was born with RDS and has been diagnosed with congenital central hypothyroidism which was not picked up at birth, he has developmental delays and has been missing milestones, the full picture is yet to be diagnosed as far as we can tell

Care for him at the minute is really daily medication given with syringe (hard going when baby's like to spit a lot of things out lol) and physiotherapy exercises we do with him daily that we have been given by occupational therapy

We went to a local citizens advice and they helped us fill out the form but we have been turned down we are atm afraid to leave him in care as he has some needs other kids don't and we have to keep an eye on nappy outputs temperature throughout the day etc because of his thyroid condition but without financial help we will both have to return to work in some capacity

Not sure if we are being unreasonable and also I know a lot of the nerves around care are just because we are first time parents also and it's probably the same for everyone but just wondered if anyone had any advice

calcotti

The test for DLA is

The child’s disability or health condition
The child’s disability or health condition must mean at least one of the following apply:

• they need much more looking after than a child of the same age who does not have a disability
• they have difficulty getting about

They must have had these difficulties for at least 3 months and expect them to last for at least 6 months.

I guess that passing this test for babies is hard because all babies do need a lot of looking after and the second point is not relevant for a baby. There is some advice on the CAB website https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/disability-living-allowance/before-you-claim-dla/check-if-you-can-get-dla/ but I guess you will have been through this as they helped you with the claim.

There are posters on this forum who know more about DLA than I do who may have some pointers.

Even though you have been refused, if you decide not to challenge the decision now, you can apply again when your child is slightly older and the difference in needs may be clearer.

poppy12345

It can be extremely difficult to claim DLA for a child under 3 especially babies because all infants need a lot more care and attention. You just need to prove the more care and attention is needed than that of a child the same age who doesn't have a disability.

Alice_Holt

If you can show the tribunal panel that you need to provide additional (and different*) attention for your baby, then I would tend to go for the appeal.
You have nothing to lose by appealing.
My local citizens advice recently won an appeal for a 3 month old baby (at the time of the DLA application), so it can be done.

This guide will take you through the appeal process:
https://www.advicenow.org.uk/guides/how-win-dla-appeal

As your local citizens advice helped you fill out the form, see if they have a caseworker who is able to help with an appeal.

* Note that an award can be given if the attention or supervision required by the child is outside the range normally required. This is likely to come into that category -
- daily medication given with syringe ;
- the physiotherapy exercises given by occupational therapy;
- watching over nappy outputs temperature throughout the day.

The tribunal panel will decide if this constitutes "needs substantially in excess of the normal requirement of a person of the same age".

Keep a daily diary of the frequency and time spent on care because of his disability. And then summarise this in your submission to the tribunal.