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3 years 9 months ago #249214 by mjhmunye
DLA was created by mjhmunye
My freind child 8 years old has autism, I did applied DLA the DWP turned down, after I made a mandatory consideration request the DWP changed their decision award lower rate personal care and low rate mobility care. for 4 years . No discreption of points awarded included in the award notification letter. My question is can I challenge this decision because the care need the child is more.
Thank you for you suggesion
Mohamed

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3 years 9 months ago #249215 by Gordon
Replied by Gordon on topic DLA
mjhmunye

DLA is not a points based system it totals the amount of care needed in regard to a number of bodily functions such as eating, washing and dressing, there are others, care is also subdivided between day or night and day and night needs.

Also, for children, their care needs are assessed against the needs of a healthy child of the same age and development.

Yes, you can challenge the care award.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your friend's claim, have a look at our DLA MR & Appeal guide for details of the process.

www.benefitsandwork.co.uk/help-for-claimants/dla

Your friend should contact the DWP for a copy of the assessment report if they have not already done so, I would phone them but again follow up the request in writing. Once they have the report you/they will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that the child meets the criteria for a higher award, there are many reasons they may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation, I realise the following example is not relevant but it does illustrate the priciple;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with the claim, come back to the forum and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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