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Definition of disability

Is there a definition of disability for the purposes of DLA for children?
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  • calcotti
    calcotti Posts: 15,696 Forumite
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    edited 29 April 2021 at 11:30AM
    BriNylon said:
    Is there a definition of disability for the purposes of DLA for children?
    Children are awarded DLA if they are assessed as meeting the level of need required based on a variety of factors.
    Disability Living Allowance (DLA) for children: Eligibility - GOV.UK (www.gov.uk)
    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. If they’re terminally ill (that is, not expected to live more than 6 months), they do not need to have had these difficulties for 3 months.


    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • BriNylon
    BriNylon Posts: 156 Forumite
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    Many thanks.  So a child with behavioural difficulties because of emotional neglect, say, possibly may qualify even in the absence of a diagnosis of ADHD?
  • poppy12345
    poppy12345 Posts: 18,942 Forumite
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    BriNylon said:
    Many thanks.  So a child with behavioural difficulties because of emotional neglect, say, possibly may qualify even in the absence of a diagnosis of ADHD?

    A diagnosis is not needed for a DLA claim. What you need to show is that the child needs more care and attention than that of a child the same age that doesn't have a disability.
  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Disability benefits are always about impact not diagnosis.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • BriNylon
    BriNylon Posts: 156 Forumite
    Fifth Anniversary 10 Posts
    BriNylon said:
    Many thanks.  So a child with behavioural difficulties because of emotional neglect, say, possibly may qualify even in the absence of a diagnosis of ADHD?

    A diagnosis is not needed for a DLA claim. What you need to show is that the child needs more care and attention than that of a child the same age that doesn't have a disability.
    Would it be accurate to say that the child would qualify if the last five words were omitted?  Ie. The child needs more care and attention than that of a child of the same age?
  • poppy12345
    poppy12345 Posts: 18,942 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    BriNylon said:
    BriNylon said:
    Many thanks.  So a child with behavioural difficulties because of emotional neglect, say, possibly may qualify even in the absence of a diagnosis of ADHD?

    A diagnosis is not needed for a DLA claim. What you need to show is that the child needs more care and attention than that of a child the same age that doesn't have a disability.
    Would it be accurate to say that the child would qualify if the last five words were omitted?  Ie. The child needs more care and attention than that of a child of the same age?

    That is part of the critieria and what you need to prove because as advised it's not about a diagnosis.
  • BriNylon
    BriNylon Posts: 156 Forumite
    Fifth Anniversary 10 Posts
    calcotti said:
    BriNylon said:
    Is there a definition of disability for the purposes of DLA for children?
    Children are awarded DLA if they are assessed as meeting the level of need required based on a variety of factors.
    Disability Living Allowance (DLA) for children: Eligibility - GOV.UK (www.gov.uk)
    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. If they’re terminally ill (that is, not expected to live more than 6 months), they do not need to have had these difficulties for 3 months.


    This suggests that the child must have a disability or health condition to qualify.  So would that mean a child with severe behavioural problems not associated with a disability or health condition not qualify?  Or would the definition of “disability” include severe behavioural problems?
  • Tigsteroonie
    Tigsteroonie Posts: 24,954 Forumite
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    If this is your own child, I would say not to worry about having a diagnosed disability or even about whether your child does require more care than another - complete the form, send it in, and see what the assessors have to say about it :)
    :heartpuls Mrs Marleyboy :heartpuls

    MSE: many of the benefits of a helpful family, without disadvantages like having to compete for the tv remote

    :) Proud Parents to an Aut-some son :)
  • poppy12345
    poppy12345 Posts: 18,942 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    BriNylon said:
    calcotti said:
    BriNylon said:
    Is there a definition of disability for the purposes of DLA for children?
    Children are awarded DLA if they are assessed as meeting the level of need required based on a variety of factors.
    Disability Living Allowance (DLA) for children: Eligibility - GOV.UK (www.gov.uk)
    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. If they’re terminally ill (that is, not expected to live more than 6 months), they do not need to have had these difficulties for 3 months.


      So would that mean a child with severe behavioural problems not associated with a disability or health condition not qualify? 
    There's a big difference between a child that just doesnt do as they're told and has tantrums to a child that has a health condition that causes those tantrums.
  • BriNylon
    BriNylon Posts: 156 Forumite
    Fifth Anniversary 10 Posts
    BriNylon said:
    calcotti said:
    BriNylon said:
    Is there a definition of disability for the purposes of DLA for children?
    Children are awarded DLA if they are assessed as meeting the level of need required based on a variety of factors.
    Disability Living Allowance (DLA) for children: Eligibility - GOV.UK (www.gov.uk)
    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. If they’re terminally ill (that is, not expected to live more than 6 months), they do not need to have had these difficulties for 3 months.


      So would that mean a child with severe behavioural problems not associated with a disability or health condition not qualify? 
    There's a big difference between a child that just doesnt do as they're told and has tantrums to a child that has a health condition that causes those tantrums.
    That is what I thought.  But is there any definition in thee legislation which would preclude such a claim?
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