DLA,high rate care and smi rules help
Options
hannahbella29
Community member Posts: 6 Listener
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
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
-
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
Brightness
Categories
- All Categories
- 13K Start here and say hello!
- 6.7K Coffee lounge
- 104 Games lounge
- 416 Cost of living
- 4.3K Disability rights and campaigning
- 1.9K Research and opportunities
- 199 Community updates
- 9.3K Talk about your situation
- 2.1K Children, parents, and families
- 1.6K Work and employment
- 777 Education
- 1.7K Housing and independent living
- 1.4K Aids, adaptations, and equipment
- 615 Dating, sex, and relationships
- 363 Exercise and accessible facilities
- 738 Transport and travel
- 31.6K Talk about money
- 4.4K Benefits and financial support
- 5.2K Employment and Support Allowance (ESA)
- 17.1K PIP, DLA, and AA
- 4.9K Universal Credit (UC)
- 6.3K Talk about your impairment
- 1.8K Cerebral palsy
- 868 Chronic pain and pain management
- 180 Physical and neurological impairments
- 1.1K Autism and neurodiversity
- 1.2K Mental health and wellbeing
- 319 Sensory impairments
- 825 Rare, invisible, and undiagnosed conditions
Do you need advice on your energy costs?
Scope’s Disability Energy Support service is open to any disabled household in England or Wales in which one or more disabled people live. You can get free advice from an expert adviser on managing energy debt, switching tariffs, contacting your supplier and more. Find out more information by visiting our
Disability Energy Support webpage.