#6
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hi yes i would appeal as the guidelines says that if you are up for more than twice a night and at least 20 mins at night (night time is 11pm to 7am) then it would count for high rate care. If he only need help in the day then that is middle rate but if you are caring for him night and day then that results in high rate care. if he needs help four/five days a week they are more likely to be able to claim DLA hope this help.
#7
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i am glad they have actually stated what nighttime is now. when matt was young we were told it was "closing down of the house" basically whenever the adults went to bed but when a child dictates when you get to go to sleep (it used to be about 2am before he settled when i would like to be in bed by 11 on a school night preferably)

it does sound like you only got lower rate due to not giving enough details so it will be worth phoning them up and asking them to look at it again giving reasons why you are up in the night with your son and if they come back the same then take it to tribunal as you are face to face with people and its sometimes easier than writing stuff down
corinne
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#8
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thanks guys i will give it a go! we check on him for first few hours every 20 mins then he wakes up and hes in our bed were we have to sleep with arm round him then he only disturbs 2-3 times. his o.t is coming out to show us some sleep systems in a couple of weeks. we have been told he has an abnormality of the long arm on his x cromosome. he has hypotonia and the only way he will go to sleep on his own is completely doubled over with his forehead on his feet but this puts him at risk if joint dislocation so he wakes up stiff and sore and we can only let him sleep like that for so long hence why one of us has to sleep with an arm across his chest thanks again x
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#9
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(06-07-2011, 06:22 PM)my special boy Wrote: just after some advice please, coming up to the one month deadline to appeal against DLA decision and my sons O.T. has just been out to visit and thinks he has been warded the wrong rate care component. rang a benefits helpline and they all so think it may be wrong. he has been awarded middle rate care but he needs care through the night.

From the information you have given I'd say your level of award was correct, although I have not read any of your post history so am only going off what you have written in this post.

Middle rate is for people who require extra care through the night, and as you been awarded this you must have proved your case for this. To be awarded higher rate you would need to show that in addition to this your child ALSO requires extra care during the day.

I tried to post a link to this information on the direct gov website but I'm not allowed to post links!!!

If you appeal talking about how much care your son requires at night you would be arguing a point you have already won, you need to give more information about his daytime requirements.

That said, I was told for my DLA application that the appeals process is a complete shambles and that I would get a quicker result submitting a new application showing a change of circumstances than appealing the original decision.

Good luck, Paul.
#10
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(06-09-2011, 12:47 PM)Gadget Wrote: Middle rate is for people who require extra care through the night, and as you been awarded this you must have proved your case for this. To be awarded higher rate you would need to show that in addition to this your child ALSO requires extra care during the day.

Sorry, this is incorrect. The middle rate for care needs is for people who require help through either the day OR the night but not both. So someone can get it if they only need help in the day but not at night or if they need help in the night but not in the day. This award was made on the basis of the care needs during the day only and the night care needs weren't considered to meet the criteria for getting the higher rate. If it was me then I would appeal as there are obviously a lot of needs during the night and if more detail of these needs is given, with some back up from OT etc, then I would think there is a very good chance of getting the higher rate awarded.

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Disabledpeople/DG_10011816



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