Page 29 - Community Living Magazine 30-3

BeneFItS

child can qualify for the tHe ruleS Are more
A DLA care component
either because of their need ComPlex But A
for attention with bodily
functions (eg. eating, CHIlD mAY StIll
washing and dressing)
and/or supervision to avoid QuAlIFY For DlA
‘substantial danger’,
as well as where the child
has a terminal illness. Charlie Callanan explains how
They may qualify because of claims for disability living allowance (DLA)
help or supervision that is
reasonably required during can still be made for children with a
the day and/or during the learning disability aged under 16 years.
night-time.

Unfortunately, however, the rules It helps to build a picture for the To get the lower rate mobility
around DLA for children are generally decision maker by giving lots of component the child must need
more complex than those that applied examples of when, where and how guidance or supervision with walking
to adult claims. extra help or supervision must be given. on unfamiliar routes. As for the care
component, the guidance or
To qualify for the care component a Evidence supervision required must be
child claimant must meet one of the The extra help given at nursery or substantially greater than that needed
following extra criteria, along with the school can form an important part of by a child of the same age without a
basic conditions of entitlement: the picture of the child’s daily needs. disability. The full legal tests for
So any evidence from schools about a child to qualify for the different
l the child’s attention or supervision those needs and/or a statement of rates of the two components can be
needs are ‘substantially in excess’ special educational needs, will help complex. See the links below for
of the care or supervision normally with the claim. Medical and other the various qualifying tests and
needed by a child of the same age relevant written evidence can help to conditions,as well as lots more tips
without a disability; or convince a decision maker to give an and guidance on completing
(appropriate) award of DLA. the application form.
l the child has ‘substantial’ care
needs or supervision needs that all An award of DLA means a regular
younger children without a disability It helps to build a cash payment that can be spent on
usually have, but which the older, picture for the decision additional costs resulting from the
learning disabled child may still maker by giving lots of child’s disability. It can also lead to
also have. examples of when, where entitlement to certain concessions and
and how extra help to extra money in means-tested benefts
When making a claim it is important or supervision and tax credits. And an award of the
to explain how the extent, nature and must be given. DLA care component is required
quality of help and attention given to before the child’s parent or carer can
the disabled child is additional and/or Children can qualify for the higher rate possibly claim Carer’s Allowance.
different. For example, a child of fve of the mobility component on the basis So it is important that the parents or
may sit and eat her dinner once told to that physical problems severely restrict carers of learning disabled children are
do so while an older child with ADHD their ability to walk. However, a child encouraged to consider making, and
may be easily distracted or leave the who has no physical problems with helped as necessary with making,
dining table during a meal, and so walking may still qualify for the a claim for DLA.
need prompting and encouraging. higher rate where a severe mental
impairment results in extremely Links
Unlike a non-disabled 13-year-old disruptive and dangerous behavioural http://www.cafamily.org.uk/
child, one with Down’s Syndrome is problems. Behaviours such as a risk of media/975632/claiming_dla_
very likely to need extra learning running into the road, or sitting down for_children.pdf
support at school, as well as and refusing to walk when outdoors,
possibly help, or prompting and are relevant for this test. Note that http://www.cafamily.org.uk/
encouragement, with carrying out there is another hurdle, as the child media/379407/dla_for_children_
daily activities at home. If an older must also qualify for the highest rate with_learning_diffculties.pdf
child frequently wakes and gets up care component in order to qualify for
during the night-time, and then higher rate mobility. http://www.autism.org.uk/18330
needs a lot of attention and
reassurance to go back to bed and It is very likely that medical evidence Charlie Callanan is a welfare
sleep, that is attention that a child will be needed to convince the DLA rights adviser with over 16 years
aged four or fve and upwards would decision maker that the child meets the experience in the statutory and
not normally need. criteria for severe mental impairment. voluntary sectors.

www.cl-initiatives.co.uk Community Living Vol 30 No 3 | Spring 2017 27