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Change of circumstances

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7 months 8 hours ago #289807 by Bubbles67
Change of circumstances was created by Bubbles67
Good afternoon everyone,
Firstly I would just like to let everyone know I finally won a 2 year battle at the tribunal for my son’s child DLA,
Thank you so much for the support I was given on this forum.
My son’s child DLA element rated was reinstated Low mobility and Middle rate care component, my son received also received all the backdated money phew!
Please could someone help me advised me with some further information. When my son was assessed for his DLA previously he had not yet been diagnosed with sensory processing difficulties and he may also have ADHD which the neurological physiologists diagnosed. Please could you advised if I should complete the change of circumstances DLA form which may change my son’s award entitlement.

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7 months 5 hours ago #289817 by Gordon
Replied by Gordon on topic Change of circumstances
B

The higher rates of DLA have different criteria from the rates he is currently receiving so you will need to consider whether he would meet that criteria before putting in a Change of Circumstances.

First, the higher rate of DLA Care will only be awarded if the claimant has substantial care needs both during the day and the night, the Middle rate is awarded for care during the day or the night but not both.

The higher rate of DLA Mobility is awarded for the following;

- be unable to walk;
- be virtually unable to walk. There is no legally defined distance but 50m is usually assumed to be applicable;
- have no legs or feet (from birth or through amputation);
- qualify for the highest rate of the DLA care component,
- be severely mentally impaired and show extremely disruptive and dangerous behaviour;
- have a severe visual impairment;
- be both blind and deaf and need the assistance of another person to walk out of doors; or
- the exertion required to walk would constitute a danger to their life or would be likely to lead to a serious deterioration in their health.

The Middle rate is awarded because the claimant is considered to have problems leaving their home or would be unable to follow a route both due to mental or cognitive problems.

Gordon

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

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6 months 3 weeks ago #289930 by Bubbles67
Replied by Bubbles67 on topic Change of circumstances
Thank you very much.

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