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Help with child DLA
- Natalie
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3 years 6 months ago #264472 by Natalie
Help with child DLA was created by Natalie
Hi I'm looking for help for my brother in law. He turns 16 in a few weeks and my mother inlaw put in to have his claim looked at again before he was 16. He has downsyndrome and at present only receiving middle rate low mobility. I have told her I think on pip he would be entitled to high everything but need advice as she's still waiting on them to get back to her.
He goes to special needs school. His dad (my father in-law) died of covid in march so he's not sleeping at night and very upset through the night. Needs re settled multiple times. As for mobility I don't know how it works on DLA. He walks very slow compared to children his own age quite clumsy as I would say sometimes trips over his feet etc . He goes to special needs school. He can't go out himself as he would get lost and wouldn't find his way home etc.
Any advice would be great thanks.
(Still waiting to hear about my mandatory reconsideration)
He goes to special needs school. His dad (my father in-law) died of covid in march so he's not sleeping at night and very upset through the night. Needs re settled multiple times. As for mobility I don't know how it works on DLA. He walks very slow compared to children his own age quite clumsy as I would say sometimes trips over his feet etc . He goes to special needs school. He can't go out himself as he would get lost and wouldn't find his way home etc.
Any advice would be great thanks.
(Still waiting to hear about my mandatory reconsideration)
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- Gary
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3 years 6 months ago #264475 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Help with child DLA
Hi Natalie
Your brother in law's DLA claim will end when he turns 16, he will be advised to apply for PIP.
PIP is not awarded because of the condition but rather the limitations that result and prevent a claimant from completing a range of everyday activities.
One of the first things is to understand the difference between DLA and PIP.
DLA looks at generic care needs in regard to bodily functions, PIP looks at the claimants specific ability to carry out an activity such as eating. DLA was awarded because the claimant needed an amount of care (in time) during the day, the night or both, to help them with that bodily function.
PIP looks at the claimant's ability to complete specific tasks within the activity and is points-based, these are clearly defined and it is easy not to score points because the claimant has not shown that they meet those specific criteria.
DLA treated the use of aids as a reason to reduce the amount of care needed, PIP treats aids as an indication of disability and in general they score extra points.
DLA's care need was reasonably generic, PIP treats prompting, assistance and supervision as different activities and as a result, they can score different points.
DLA required that the care was required for the majority of the time, for PIP it is the majority of days.
For PIP activities must be completed reliably, this means
• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.
Although DLA considers these terms, they are poorly defined as they are implemented through Case Law rather than being defined in the legislation as they are for PIP.
You should have a look at the PIP guide and tackle one question at a time. Yes, it can seem overwhelming. Try and put the embarrassment aside. You must give them as clear a picture of the limitations that your brother inlaw has caused by his conditions as possible. www.benefitsandwork.co.uk/help-for-claimants/pip
If you have any more questions, please come back to the forum.
Gary
Your brother in law's DLA claim will end when he turns 16, he will be advised to apply for PIP.
PIP is not awarded because of the condition but rather the limitations that result and prevent a claimant from completing a range of everyday activities.
One of the first things is to understand the difference between DLA and PIP.
DLA looks at generic care needs in regard to bodily functions, PIP looks at the claimants specific ability to carry out an activity such as eating. DLA was awarded because the claimant needed an amount of care (in time) during the day, the night or both, to help them with that bodily function.
PIP looks at the claimant's ability to complete specific tasks within the activity and is points-based, these are clearly defined and it is easy not to score points because the claimant has not shown that they meet those specific criteria.
DLA treated the use of aids as a reason to reduce the amount of care needed, PIP treats aids as an indication of disability and in general they score extra points.
DLA's care need was reasonably generic, PIP treats prompting, assistance and supervision as different activities and as a result, they can score different points.
DLA required that the care was required for the majority of the time, for PIP it is the majority of days.
For PIP activities must be completed reliably, this means
• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.
Although DLA considers these terms, they are poorly defined as they are implemented through Case Law rather than being defined in the legislation as they are for PIP.
You should have a look at the PIP guide and tackle one question at a time. Yes, it can seem overwhelming. Try and put the embarrassment aside. You must give them as clear a picture of the limitations that your brother inlaw has caused by his conditions as possible. www.benefitsandwork.co.uk/help-for-claimants/pip
If you have any more questions, please come back to the forum.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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