How DLA works

Whether or not your child is entitled to DLA is decided on how much more help they need than other children of their age, as a result of their disability or illness. This can be help that other children of their age don’t need (for example, if your 14 year old needs help with getting dressed), or help that children of their age do need but your child needs more help or it takes much longer (for example, if it takes you 30 minutes to get your 5 year old to brush their teeth, or if you have to spend long periods of time getting a 3 year old to settle to sleep). It doesn’t depend on their diagnosis and it doesn’t matter if they don’t yet have a diagnosis.

DLA is paid at different rates. What rate you get for care depends on what additional help they need with things like eating, washing, dressing, learning, communicating, doing fun things, or sleeping, and how often. What rate you get for mobility depends on their difficulty moving around or going to new places, compared to the needs of another child of a similar age.

The DLA mobility component  

DLA has a ‘mobility component’ that deals with ability to walk and go places.

To get the high rate for mobility your child must be:

• at least 3 years of age, and
• unable to walk or virtually unable to (for example, if they struggle with even very short journeys such as walking around a school), or 
• blind or severely visually impaired, or
• the exertion of walking would lead to a serious deterioration of their health, or
• have a severe mental impairment. 
  The rules for this category are very strict and specific. If you are thinking of challenging a decision because you think your child is entitled to high rate mobility for reasons other than a physical inability to walk, we suggest you get advice if at all possible or look at Contact’s guide Claiming DLA higher rate mobility.

To get the lower rate for mobility you child must:

• be over the age of 5, and
• need substantially more supervision or help to go to places they don't know than other children their age. For example, if your child needs to be prevented from running into the road (when other children their age are aware of road dangers), or needs extra prompting and encouragement to walk and keep walking.

The DLA care component

DLA also has a ‘care component’.

To get the higher rate for care, your child must need

• substantially more practical help, encouragement or prompting with daily living tasks than another child of their age frequently throughout the day, and
• for either at least 20 minutes at night or at least three times, or
• someone to keep an eye on them during the day and night to make sure they do not hurt themselves or other people.

To get the middle rate for care, they must need

• substantially more practical help, encouragement or prompting with daily living tasks than another child of their age frequently throughout the day, or
• substantially more help than other children their age for at least 20 minutes at night, or at least three times during the night, or
• someone with them most of the time during the day to help them stay safe, or someone awake and checking on them at night to help them stay safe. 

To get the lower rate for care, they must need substantially more practical help, encouragement or prompting than other children of their age for at least one hour or more (in one go or spread throughout the day).

To count as needing help at night, your child needs to require a lot more help than another child of their age at a time when the rest of the household would usually be asleep. For example, if you usually go to bed from 11pm-7am (or would usually if you were able to), it would only count as ‘night’ if it happens between 11pm-7am. If you would usually be up, it doesn’t count even though it is after the child’s bedtime.

What the DWP look at

If the child or young person can do any of the things below on their own but it takes them a very long time, causes them pain, or may put them (or somebody else) in danger, the law sees this as needing help so you should include it on your form.

Walking and going places

If they cannot walk even short distances without discomfort, or if they are very slow, explain this carefully as this should entitled them to the  mobility component.

If they need help to walk around school for example, please explain what difficulty they have and what help they need.

If they are slower than their friends and need people to wait with or go slow, inlcude that.

Equally, if they need more help than another child their age to go further afield to places that are unfamiliar, include that. This might be help to stay safe or encouragement, prompting, or soothing.

If they ever need restraining to keep them safe, over and above what another child their age needs, they are entitled.

Daily care

Next, look at the help they need in the home or at school. Do they need extra physical help, prompting, or encouragement to:

• get up or go to bed
• eat meals and snacks
• get washed and have a bath or shower
• go to the toilet
• get dressed and undressed
• move about indoors
• stay safe
• communicate with other people (this includes reading, hearing, and speaking)
• take part in leisure activities (playing with friends, going swimming, taking part in clubs or fun activities)
• participate in all learning activities, including taking part in PE, Art or Music

During the night

Do they need help overnight, to stay in bed, go to the toilet, calm down if they get distressed, etc?

If they sleep in your bed because you cannot get them to stay in their bed for a reason connected to their disability, that counts. Explain what happens if you try to get them to stay in their bed.

Danger

If they have been hurt, or could have been hurt, as a result of their condition, say so on the application, mandatory reconsideration request, or appeal form. Perhaps they have fallen, had violent seizures, run out into the road without looking, self-harmed, or limited their food to a dangerous level.

If you are aware of a time when they have hurt or posed a danger to somebody else, say this too.

Help with medication or therapy

What help do they need to take their medication, or do their therapy, and how often they have to take it/do it?

Add this time into the amount of extra support time they need to deal with the  tasks above. Does it add up to more than an hour extra a day (this would entitle you to the low rate of the care component), or frquent help throughout the day (which would entitle you to at least the middle rate of the care component).