Appealing against Disability Living Allowance Decision

[Martin Hart]

My sons DLA has recently been changed from middle rate to lower rate allowance. I am requesting a hearing to appeal against this decision (I have already been through the Mandatory Reconsideration Notice). I would like to hear to from anybody that has appealed successfully against the DWP decision, and would appreciate advise on how and what I need to present at the hearing. Many thanks.

 

[Amigo]

My sons DLA has recently been changed from middle rate to lower rate allowance. I am requesting a hearing to appeal against this decision (I have already been through the Mandatory Reconsideration Notice). I would like to hear to from anybody that has appealed successfully against the DWP decision, and would appreciate advise on how and what I need to present at the hearing. Many thanks.

These things are always incredibly stressful Martin. Could you tell us a bit about your son's disability in order for people to advise. Is his primary disability diabetes?
The idea is to look at the individual criteria and set his needs against them to demonstrate why the middle rate is warranted.
Are any welfare support agencies like CAB etc.assisting you with the appeal?

 

[Martin Hart]

My son is 13. He is type one diabetic and has always received DLA at the middle rate. His primary disability is diabetes. This is the first time since his diagnosis (aged 3) that his allowance has dropped to the lower rate. As he has grown older, it has become more difficult for me to monitor and maintain his condition, as he wants to become more independent. Greater independence for him means that I am around him a lot less now than I have been previously, which is making good control of his condition more difficult, which may lead to health complications. I have not approached any welfare support agencies for advice, but I do have the support of his diabetic nursing team. He is on a regime of multiple daily injections and blood tests for which I am always present, and needs advise from me on what and when he can eat.

 

[Amigo]

My son is 13. He is type one diabetic and has always received DLA at the middle rate. His primary disability is diabetes. This is the first time since his diagnosis (aged 3) that his allowance has dropped to the lower rate. As he has grown older, it has become more difficult for me to monitor and maintain his condition, as he wants to become more independent. Greater independence for him means that I am around him a lot less now than I have been previously, which is making good control of his condition more difficult, which may lead to health complications. I have not approached any welfare support agencies for advice, but I do have the support of his diabetic nursing team. He is on a regime of multiple daily injections and blood tests for which I am always present, and needs advise from me on what and when he can eat.

I understand your position perfectly Martin (my close friend has a type 1 daughter and it actually became harder to monitor and supervise as she got into her teens even when she was getting into difficulties with management because she had the usual teenage defiance). Unfortunately the DWP don't recognise this and obviously have taken his 'increased independence' as a reason to reduce it.

• lowest rate - help for some of the day or night
• middle rate - frequent help or constant supervision during the day, supervision at night or someone to help while they’re on dialysis
• highest rate - help or supervision throughout both day and night, or they’re terminally ill

Hopefully other parents will be along to give the benefit of their advice. I'd advise keeping records and frequency of events to demonstrate your supervision and help is more frequent than 'some of the time'. It's all a bit fluid as to how they quantify this. Also give examples and details of nighttime supervision and attendance and any emergencies that absolutely required you to be there. It's essential to demonstrate that your son simply wouldn't be safe left unsupervised with this for most of the day and night (even though he may disagree!).

Good luck.

 

[Pumper_Sue]

Perhaps talk to diabetes UK on their care line as they may be able to help. rom reading other forums it appears the rates do drop down as the child ages and at 16 it stops completely.

 

[Martin Hart]

I understand your position perfectly Martin (my close friend has a type 1 daughter and it actually became harder to monitor and supervise as she got into her teens even when she was getting into difficulties with management because she had the usual teenage defiance). Unfortunately the DWP don't recognise this and obviously have taken his 'increased independence' as a reason to reduce it.

• lowest rate - help for some of the day or night
• middle rate - frequent help or constant supervision during the day, supervision at night or someone to help while they’re on dialysis
• highest rate - help or supervision throughout both day and night, or they’re terminally ill

Hopefully other parents will be along to give the benefit of their advice. I'd advise keeping records and frequency of events to demonstrate your supervision and help is more frequent than 'some of the time'. It's all a bit fluid as to how they quantify this. Also give examples and details of nighttime supervision and attendance and any emergencies that absolutely required you to be there. It's essential to demonstrate that your son simply wouldn't be safe left unsupervised with this for most of the day and night (even though he may disagree!).

Good luck.

Thanks for your advice. Very helpful & I'll use it at the appeal.

 

[mikeyB]

Your appeal may well fail. Take a step back, and look at the criteria - does he need help for some of the day and night? It sounds very much like you are in this category, particularly as he wants to become independent. I assume he is going to school. If he is, then he is solidly in this category.

I suspect that he is not in the category of always needing frequent help or constant supervision during the day and supervision at night. Or at least he shouldn't be.

Is the reason you are appealing purely financial? Do you, for example, receive Carers allowance?

 

[AlisonM]

My sons DLA has recently been changed from middle rate to lower rate allowance. I am requesting a hearing to appeal against this decision (I have already been through the Mandatory Reconsideration Notice). I would like to hear to from anybody that has appealed successfully against the DWP decision, and would appreciate advise on how and what I need to present at the hearing. Many thanks.

I have appealed twice and won, but only with the aid of CAB. If not for them I would have had no clue where to start. I should get in touch with them ASAP if I were you. Also, there's a site called You're Able which has a great forum full of useful and helpful information, they were great last time I appealed, have a look in there. I hope this helps.

I should point out that my ESA and PIP were not awarded because of my diabetes, but because I have other chronic conditions which have a far greater effect on my daily life.

 

[mikeyB]

But it's hard to appeal against a decision which is correct, though I'm sure the CAB will point that out.

 

[DeusXM]

The other thing is (and this won't be popular) is I am struggling to see what the DLA payment brings to your son's care.

The purpose of the DLA is to ensure that those with disabilities do not suffer financially as a result of having those disabilities. I am not entirely sure how you would go about justifying this. Do you frequently have to take time off work to help your son manage his diabetes (above and beyond the time off a parent of a child without diabetes would be expected to take)?

If you are not incurring unreasonable additional financial costs from your son having diabetes, I do worry that challenging the decision could leave you quite vulnerable to having DLA withdrawn entirely.

 

[trophywench]

Well certainly a parent would have to accompany their child to the diabetes clinic 4 x a year (or more when there are changes or other stuff going on) and I wouldn't imagine a clinic would be able discuss health with a child under 16 without a parent in tow - and in a lot of cases there's no way a kid can even get to the hospital these days without a chauffeur to pick them up from school and ferry them, or whatever's necessary. Parents are of course fully responsible for their children living with them including their health until they're a certain age anyway, so how could you not go?

If child had probs at school - bullying of course or teachers and other staff behaving badly because of it - would you not be prepared to go and try to sort it? We all know very well that a lot of schools aren't trained properly because the people that were trained have moved on and whoever replaced them hasn't a clue - there isn't usually any crossover of teaching staff, never has been - so you might need to start all over again with all of that, every few years. This takes time and most likely time off work and not many employers will give you the time and still pay you if you aren't in Admin, I mean if you're hourly paid the time off would probably be OK (although it's not YOUR health so are they obliged to give it you? Dunno - think you're allowed so long for kids every year and after that you probably have to beg and lose pay even in offices, you did in ours anyway - I hated the last place I worked at because of that sort of behaviour by them. yes they might be well within their rights - but is it in the spirit of a happy workforce, none of whom were taking the hiss and only had any unplanned time off for their kids if they really had no-one to farm em out to and sneeze over) but you'd have to clock in and out so you'd definitely lose money wouldn't you?

 

[mikeyB]

I can only repeat, the DLA criteria are quite clear, and if the child does not need to be accompanied through most of the School day, then only the lowest rate is appropriate. In no way is DLA meant to replace loss of earnings, it is meant to reflect the amount of care required.

While I wouldn't disagree with Jennys comments about loss of earnings, it simply isn't relevant to DLA. It's a non means tested benefit, which cuts both ways. We personally could easily live without PIP payments, but we are entitled to them under the regulations, and other doors are opened. Most people who are on benefits depend on benefits. This may or may not be the case here, we don't know.

 

[trophywench]

Well in that case Mike, why doesn't it stop at about age seven? (giving the diabetic child an extra 2 years, most of us have to cope from age 5 otherwise!)

 

[mikeyB]

It stops when the child stops being a child (though that is not the same as the age of criminal responsibility), that is, at age 16. That is the age when it is considered that one would be able to understand and deal with diabetes appropriately, and independently of an adult. In other words, when care from someone else is not needed, there is no entilement to DLA, or now PIP, which more accurately describes what the payment is for.

 

[graj0]

Sadly, a sign of the times. There's 65 million people in the UK, 23 million in full time work, 8 million in part time work, 19 million between 0 and 24, 13 million receive a pension (over 65), 1.6 million unemployed, 3.3 million on DLA (I know it doesn't add up, there's an overlap). Basically more people receiving than putting money in. Obviously businesses put money in but no one really knows what's going to happen, especially if London financial businesses suffers because of Brexit (currently contributing about 11% of tax receipts, based on 2012 figures).
It's why even things like hernia operations will now only be done as an emergency, knee replacements the same. I keep thinking of Frazer in Dad's Army "we're all doomed". Have a nice day one and all.

 

[Redkite]

Hi Martin, if you are on Facebook I recommend the group: Children and Young People with Type 1 Diabetes have a Right to DLA & PIP.

As has been said above, DLA is awarded based on the care and supervision a child needs over and above another child of the same age who does not have a disability - it has nothing to do with financial need, and it is up to the parent how best to spend/invest their child's DLA for the child's benefit (many of us use the money to pay for CGM for example).

Although your son is moving towards independence, he will still need a significant amount of support during the day. The fact that he has a care plan in school (I assume he does?) demonstrates a need for care and support. Every trip and activity needs planning for, which is not the case for his peers. Do you test his levels during the night? When I appealed a denial of DLA when my son was 12, I took their "statement of reasons" and wrote a letter disproving each point. This was accepted without needing to go to a tribunal. Good luck!

 

[Amigo]

When my very close friend's daughter reached adolescence the problems increased as the teenage defiance kicked in. Of course in a real world she should have been able to manage and supervise her own insulin needs but my mate was never away from the school. Her daughter didn't want the rotten diabetes and some days it was only her mother who kept her alive. I couldn't believe just how sick she was having a hypo having never experienced it. She had to leave social events when the sitter reported a problem, illnesses exacerbated the diabetic condition and frankly it was way beyond what an average person would need to do for a child of the same age. It impacted on her work and her social life and yes it did cost considerably more to manage as a result. I could imagine the child's levels are the first thought on a morning and the last thought at night.

Only this parent can know if this applies to their situation and needs to be honest about that but I'd be reluctant to accuse a parent of being on the make financially to bolster the family income without knowing the full circumstances. I hope for their sake he's a model child with model diabetes control but not all are!