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Under 16 DLA Award
- Oscarab
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2 years 7 months ago #263705 by Oscarab
If they are our rights, why do we have to fight for them?
Under 16 DLA Award was created by Oscarab
Hi
My 14 year old has been awarded High Care and Low Mobility - I have received the decision today but I am confused about the mobility award. It says lower rate awarded as she needs someone with her when in unfamiliar places but in the form I make it clear that she will not go out on her own to even familiar places, she has to be accompanied everywhere all of the time - she has Autism, Sensory Processing Disorder, Early Developmental Trauma, PDA and severe anxiety and struggles with soclal interactions etc. Does she need to meet ALL 5 of the criteria under Higher Rate MH for high mobility?
TIA
I am obviously happy that they have taken on board her needs for care with the High Award but wonder if I should ask for a MR on the Mobility...?
My 14 year old has been awarded High Care and Low Mobility - I have received the decision today but I am confused about the mobility award. It says lower rate awarded as she needs someone with her when in unfamiliar places but in the form I make it clear that she will not go out on her own to even familiar places, she has to be accompanied everywhere all of the time - she has Autism, Sensory Processing Disorder, Early Developmental Trauma, PDA and severe anxiety and struggles with soclal interactions etc. Does she need to meet ALL 5 of the criteria under Higher Rate MH for high mobility?
TIA
I am obviously happy that they have taken on board her needs for care with the High Award but wonder if I should ask for a MR on the Mobility...?
If they are our rights, why do we have to fight for them?
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2 years 7 months ago #263762 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Under 16 DLA Award
Hi Oscarab
I would challenge the mobility component, in your MR you state that you are in agreement with the award for the care component but you disagree with the award for the mobility component and then set out the reason as to why you disagree.
If you have sent in supporting documents/letters then quote these when setting out your reason. Don't forget to use our guide to help you www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaclaims
Gary
I would challenge the mobility component, in your MR you state that you are in agreement with the award for the care component but you disagree with the award for the mobility component and then set out the reason as to why you disagree.
If you have sent in supporting documents/letters then quote these when setting out your reason. Don't forget to use our guide to help you www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaclaims
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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2 years 7 months ago #263832 by Oscarab
If they are our rights, why do we have to fight for them?
Replied by Oscarab on topic Under 16 DLA Award
I have contacted them this morning for an explanation but this is a one liner - the person has no physical walking disability.
They are sending out the explanation such as it is to me in the post.
The behaviour can be unpredictable when we are out and she has to be accompanied all of the time - she will not even be left at home alone for any period of time. She will shut down at anytime when she becomes overloaded - I did not think it was just down to physical things - they are negating the MH side I believe...?
They are sending out the explanation such as it is to me in the post.
The behaviour can be unpredictable when we are out and she has to be accompanied all of the time - she will not even be left at home alone for any period of time. She will shut down at anytime when she becomes overloaded - I did not think it was just down to physical things - they are negating the MH side I believe...?
If they are our rights, why do we have to fight for them?
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2 years 7 months ago #263856 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Under 16 DLA Award
Hi Oscarab
You can challenge the mobility 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 daughter's claim, have a look at our DLA MR & Appeal guide for details of the process.
www.benefitsandwork.co.uk/help-for-claimants/dla
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the report you 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.
Gary
You can challenge the mobility 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 daughter's claim, have a look at our DLA MR & Appeal guide for details of the process.
www.benefitsandwork.co.uk/help-for-claimants/dla
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the report you 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.
Gary
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2 years 7 months ago #264037 by Oscarab
If they are our rights, why do we have to fight for them?
Replied by Oscarab on topic Under 16 DLA Award
Right - I rang the Centre to ask about the explanation of the Decision Maker and they could not believe the response I had received but still would put it in writing and ask the Decision Maker to call me.
The MRC has been sent as I have been advised to do (hopefully it will be accepted) but the Decision Maker said that it was pointless doing an MRC as there was no physical disability and it would not be awarded. HRC was only ever awarded where there was a physical disability i.e loss of limb or needed a pushchair etc.
Is there a HRC of Mobility for MH?
The MRC has been sent as I have been advised to do (hopefully it will be accepted) but the Decision Maker said that it was pointless doing an MRC as there was no physical disability and it would not be awarded. HRC was only ever awarded where there was a physical disability i.e loss of limb or needed a pushchair etc.
Is there a HRC of Mobility for MH?
If they are our rights, why do we have to fight for them?
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2 years 7 months ago #264044 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Under 16 DLA Award
Hi Oscarab
I did a bit of a search on the internet and came across the following information from Disability Law Service: dls.org.uk/wp-content/uploads/2019/04/A-...owance-Factsheet.pdf
The Mobility Component
There are two rates to the Mobility Component:
• Lower Rate is for children who can walk but need guidance or supervision to do so; and
• Higher Rate is for children who are unable to, or virtually unable to, walk without severe discomfort.
Note: Your child can only get help with their mobility needs if they are aged at least three for the higher rate, and at least five for the lower rate.
Gary
I did a bit of a search on the internet and came across the following information from Disability Law Service: dls.org.uk/wp-content/uploads/2019/04/A-...owance-Factsheet.pdf
The Mobility Component
There are two rates to the Mobility Component:
• Lower Rate is for children who can walk but need guidance or supervision to do so; and
• Higher Rate is for children who are unable to, or virtually unable to, walk without severe discomfort.
Note: Your child can only get help with their mobility needs if they are aged at least three for the higher rate, and at least five for the lower rate.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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