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DLA,high rate care and smi rules help

hannahbella29
hannahbella29 Member Posts: 6 Listener
edited November 2019 in PIP, DLA, and AA
Hi everyone,my son is currently receiving dla mrc and no mobility we should have applied for mobility when he turned 5 but had so much going on at home we didn't bother .
When filling the mobility forms I asked if they could look at everything again as his needs have changed during the night he's up at least 2 hrs most nights smearing,singing,playing,harming himself etc. Since sending off the forms i have learned about hrm under the smi rules (I have never heard of it before) and without a doubt Alex ticks every single box and I have evidence for all those things apart from he's not on hrc yet,I'm fully prepared to go all the way and tribunal if need be but my question is because he's on mrc at the moment if he is refused and it ends up at tribunal will they also look at the smi part or will they say they can't until he's awarded hrc or will they see the new claim and everything will be considered from the date I claimed ? Many thanks xx

Comments

  • Joanne_Alumni
    Joanne_Alumni Scope alumni Posts: 188 Pioneering
    edited November 2019
    Hi @hannahbella29,

    If you have returned new forms for your son's DLA then they will look at the whole award again. If he is up during the night then he may be entitled to the high rate of care. If he is awarded this, then as you say, he may meet the SMI criteria for the high rate of mobility.

    There is detailed information about this on the National Autistic Society website.

    If the award does come back with the same level of care and you appeal, then a tribunal would look at the whole thing again and they should consider this from the date of your new claim.

    I hope that the claim goes smoothly. Let us know how you get on, or if we can be of any help :)

    Joanne 
    Scope

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