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Switching dla from mrc to hrc and hrm under smi rules

hannahbella29hannahbella29 Member Posts: 6 Listener
Hi There,my son is currently receiving dla mrc and no mobility we should have applied for mobility when he was 5 but didn't because we had so much going on at home we didn't bother he's now 5yrs 8 months.
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 a night due to smearing,not settling,disruptive behaviours etc. After sending off the forms i learnt of hrm under the smi rules and he ticks every box but because he doesn't yet receive hrc which is one of the means getting it I'm not even going to mention it to them until we get a decision about hrc . 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 will they say at the tribunal that they can't even look into smi part or will I be able to appeal for both sections from the date I made the claim? You never know they may agree to hrc I've sent loads of evidence off and that would be easier because then all I would need to do is appeal the hrm it seems the biggest obstacle is getting the hrc first,many thanks for reading x

Replies

  • hannahbella29hannahbella29 Member Posts: 6 Listener
    edited November 2019
    Hi everyone,I recently asked the dla to look at my son's needs again as I think he's entitled to hrc would anyone with experience please tell me if you think I have enough evidence .
    I sent off an email I received from his school nurse (he attends a special provision)
    It stated some referrals she's made recently including a dietician and sleep clinic.
    A letter from his teacher assistant which said what he's like in class including that he enjoys cosy corner a lot as he's often tired due to sleepless nights and sleep diarys.
    I think I messed up on the sleep diarys as they were originally designed to monitor his bowel movements and smearing for his g.p but I didn't add his behaviour whilst he's awake at night and also 2 nights I wrote"he slept through" but didn't add that he still needed his wet nappies changed..since then I've been documenting his night time routines for the sleep clinic so I also sent them today for dla so it shows 2 nights there wasn't much activity but that's 2 out of 30 nights ,would they be able to argue those 2 nights ? Or will I be right in suggesting 2 nights out of 30 is him being burnt out and the other 28 nights were things such as pinching himself,smearing,waking his brother up,climbing on the widow sill, putting things in his mouth,trapping his finger in the bed storage doors,removing bedding,coming out of his room,looking for food,smashing a glass bowel ...he's 5yrs 8 months so I'm sure they will say it's no different to another child his age but to be honest my oldest never did any of those things at that age I guess what I'm asking is do you think I have the right to argue if they refuse,Thanks x
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    If he doesn't qualify for HRM then he could qualify for LRM because he's over the age of 5. Sorry i'm unable to help with your other questions despite my very good benefit knowledge with most benefits, i must admit DLA isn't my area of expertise. Hopefully some others will be along to advise you. In the meantime this link may help. Good luck.

    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • hannahbella29hannahbella29 Member Posts: 6 Listener
    Thank you for replying,I know he's technically entitled to hrm but proving the hrc seems the most challenging so far if he got it it would mean we could exchange for a mob car and if we had that it means we could get him out more which would be a massive deal for us as he's always on the go and I'm sick of relying on other people for travel as can't use local transport,Thanks again
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited November 2019
    Personally, i would go all out with the forms now and put the reasons why you think he qualifies now for HRC and HRM, You said yourself that you're prepared to take it all the way if you have to so why wait until he's awarded HRC. Kill 2 birds with one stone and start that fight now. I know if it was my son this is exactly what i'd do. Good luck.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Chloe_ScopeChloe_Scope Scope Posts: 10,662 Disability Gamechanger
    Hi @hannahbella29, how are you getting on? Please do let us know if there is anything else we can do to help. :)
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  • Chloe_ScopeChloe_Scope Scope Posts: 10,662 Disability Gamechanger
    Hi @hannahbella29, it sounds like things are really tricky at the moment. Can I just clarify what HRC means in this context?
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @Chloe_Scope HRC is high rate care for DLA. :)


    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Chloe_ScopeChloe_Scope Scope Posts: 10,662 Disability Gamechanger
    Thank you @poppy123456! I will merge the threads. :)
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  • hannahbella29hannahbella29 Member Posts: 6 Listener
    Hi,I still haven't heard anything yet it's been 8 weeks. While they are looking at it I've sent more and more evidence off and I've been gathering evidence for hrm due to smi rules so that when they do turn that bit down I have plenty to send back I have pages photocopied from his current ehcp showing his understanding is working within the age range of 0-11 months and I've had his teacher write up why she thinks he qualifies ..fingers crossed I hear back soon,Thanks 
  • Chloe_ScopeChloe_Scope Scope Posts: 10,662 Disability Gamechanger
    I hope they get back to you soon @hannahbella29!
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