I dont know much about this hopefully some one will be able to help you but you could take a look at this Making decisions for someone else - Office of the Public Guardian It depends on how able the person is to how you go about it ie wether it be POA or a Deputy

No need to be embarrassed, but I know what you mean, my daughter has attacked not only myself but her sister, pupils at school and even worse if thats poosible complete strangers, so I do understand every word you have said. Here is the link you need http://www.dwp.gov.uk/publications/dwp/dmg/pdf/ch61.pdf It should give you all the information you need, regarding behaviour it's on page 51 If you need any help please feel free to ask me either via this post or if its something youd rather not post send me a pm I'm no expert just a mother of an Autistic chiild:D

Here you go bookworm http://www.dwp.gov.uk/publications/dwp/dmg/pdf/ch61.pdf I have a great link well did have about a court case and a chiild with Autism I will see if I can find it again. The nas has updated their site on DLA(high rate mobility) The National Autistic Society - Severe mental impairment It mentions IQ there also

I hope you dont mind me asking but doe your daughter have severe behavioural problems as this is also a part of the criteria. I know it's a really sensative subect as I know I hated having to admit my daughters behaviour is severe and extreme. Your not a fraudster your a mother fighting for her childs rights x

Jules get news Guess what we won also !!!! HRM awarded until she is 16. I am hoping that after her 16 she will be awarded for life as her disabilities are not going to go away

Hi I have just won tribunal for my daughter whos mobility was lowered to LRM. The critira is very strict, dont go to tribunal on your own get help from some one like CAB or you local law center. Heres a quick break down of the criteria: Higher rate 61255 The higher rate is payable to people who 1. are unable or virtually unable to walk because of a physical disability1 (see DMG 61276 et seq) or 2. are both deaf and blind2 and satisfy the conditions in DMG 61335 - 613373 or 3. are severely mentally impaired4 and 3.1 display severe behavioural problems5 and 3.2 satisfy the conditions for the highest rate care component at DMG 610616 (see DMG 61350 - 61380) or 4. have had both legs amputated either through or above the ankle (see DMG 61330)7 or 5. are for any reason without both legs to the same extent as if they had been amputated either through or above the ankle8 (see DMG 61330 - 61331) What they mean by SMI Severe impairment of intelligence 61366 Medically someone with severe impairment of intelligence can generally be described as intellectually three standard deviations below the average IQ of 100. A standard deviation is 15%, so a person with severe impairment of intelligence will have an IQ of 55 or less. It is likely that a person with such a low IQ will have undergone tests to assess their intelligence. However, although the IQ is likely to be Mobility component - definitions 61367 61370 Vol 10 Amendment 16 June 2006 the essential starting point for considering impairment of intelligence, it is not necessarily decisive. 61367 As well as an IQ of 55 or less, the following points may also indicate that a person has severe impairment of intelligence and should be considered even when the IQ is over 551 1. difficulty with communication - speech may be severely impaired, often only monosyllabic or grunting noises, reading or writing skills may be absent or very poor 2. severe learning difficulties 3. lack of understanding of everyday living. People with severe impairment of intelligence are likely to need specialized schooling, and supervision of all activities. In cases of doubt and where the IQ is over 55 the DM should refer the case to Medical Services for expert advice Severely mentally impaired with severe behavioural problems 61350 To satisfy this test for the higher rate of the mobility component a person must be entitled to the highest rate of the care component1, be severely mentally impaired2 (see DMG 61351 - 61370) and have severe behavioural problems3 (see DMG The disabilities counting towards severely mentally impaired are defined as • incomplete physical development of the brain - where a person's brain has failed to grow properly and this can be seen and assessed • arrested development of the brain - where a person's brain is not functioning properly but no physical deficiency is apparent. 61353 A person's brain is fully developed when it reaches its maximum weight and size. This is accepted to be by the late 20's and invariably before the age of 30. 61354 A person cannot satisfy the severely mentally impaired condition unless it can be established that the cause of the mental impairment (for example accident, disease, injury) happened before the person's brain was fully developed. Degenerative diseases such as Alzheimer's Disease that begin after the brain is fully developed do not satisfy the severely mentally impaired condition. Difficult cases should be referred to Medical Services for advice. 61355 If a person has arrested development or incomplete physical development of the brain, the DM must then consider whether this results in severe impairment of intelligence and social functioning1. 1 SS (DLA) Regs, reg 12(5) Mobility component - definitions 61356 61366 Vol 10 Amendment 16 June 2006 Arrested development or incomplete physical development of the brain and schizophrenia 61356 The severity of schizophrenic disorders can vary from severe chronic deteriorating illnesses to a group of psychoses which are shorter in duration, easier to treat and leave little after effects. Most schizophrenics will not have arrested development or incomplete physical development of the brain. But for those suffering from the most severe type of schizophrenia (in about 30% of all cases), there is neurodevelopment damage which is arrested development of the brain. 61357 Where it can be established that there is arrested development of the brain, the person still has to show that this results in severe impairment of intelligence and social functioning to satisfy the severely mentally impaired test for higher rate mobility component (see DMG 61366 - 61369). Medical advice is that below average intelligence or IQ is not a normal feature of schizophrenia. Schizophrenics may respond or react to others in an unusual or different way but this has no bearing on their intelligence. Therefore, someone whose only disability is schizophrenia will not normally be able to satisfy this part of the severely mentally impaired test1. 1 SS (DLA) Regs, reg 12(5) 61358 In cases involving schizophrenia, the DM should make sure that the person has no other disability which could satisfy the severely mentally impaired test1. Difficult cases should be referred to Medical Services for advice. 1 SS (DLA) Regs, reg 12(5) Arrested development or incomplete physical development of the brain and attention deficit hyperactivity disorder 61359 It is not possible with the current state of medical knowledge to attribute the condition Attention Deficit Hyperactivity Disorder (ADHD) to a state of arrested development or incomplete physical development of the brain within the meaning of the regulation. 1 reg 12(5) 61360 In cases involving attention deficit hyperactivity disorder, the DM should make sure that the person has no other disability which could satisfy the severely mentally impaired test. Difficult cases should be referred to Medical Services for advice. 61361 - 61365 61376 - 61379). The test is cumulative and if any part of the test is not satisfied a person cannot satisfy the test. Alot to take in You say your daughter has severe learning difficulties does she attend a special needs school or mainstream? I got a letter off my daughters headmaster explaining my daughters academic functioning, which explained it a bit better than her SEN For example in English, Maths & Science expected attainment for a child age 11 is L4 For a child aged 14 it is L5, My daughetr is L1,P8 &P8 so academically at an equivalent level to a 4/5 year old, she is 13. My daughters disabilities are different to your daughters but the school also gave details and examples of her challenging behaviour which is extreme. The tribunal its self was fine I was only in there for about 10 mins, the only person that asked any questions was the disabled member of the panel she was a lovely lady who asked about when I take my daughter out. I cant comment any more as my daughter disabilities are different to your daughters but I hope this helps

Jules with ref to IQ test there was a case back in 1999 where as a child who had an IQ over 55 was refused HM since then the DM has to look as to wether a child with a IQ of over 55 has the ability to apply that intelligence to real-life situations.Therefor they can no longer just refuse if they have an IQ over 55. I am just awaiting my tribunal date for my daughter, they have kept her care rate at high but low for mobility. I am challenging this on the grounds that she is unable to apply her intelligence to real-life situations even though her intelligence is below that of a child of the same age, also that she is unable to make a safe and sound judegment & that she is a danger to herself as well as others. Thay stated on her records that she only needs guidence when outside, when in fact she would never be allowed outside alone which I told them on many occasions. My daughter has Autism , autism is believed to be caused by brain damage or arrested brain development. The list to support my claim goes on yet they still refused. I am also going to complain when this is over as on her records they put the following statement "when outside child throws a paddy......." There is a big difference between a child that trows a paddy and a child that has sensory needs & Autism. So I agree with you bunch of A HOLES

Thankyou so much I have just read your thread. I will have to hold her anway or she will do a runner. I have all the submission papers and I intend on making a complaint when all this is over due to statements written on my daughters file by DLA but thats another story. I have been told today that they have recieved all files and we have now been put on a waiting list for a date so no idea how much longer this will go on iy's been 10 months so far. Thankyou for your support

How long ago did she put her appeal in? I would phone them as they can take ages, in my case when I first appealed they said they was waiting to hear from my daughters school. I contacted the school who are very good in supporting parentsthey had not had any contact from DLA.Don't wait for DLA to gather evidence I would advise your friend to gather as much evidence from Dr's specialist as she can make photo copies and sent them her self always recoorded delivery.

I know this post is from November but I thought this may be of help The Disability Handbook on Dissociative Disorders.

I am awaiting a date for a tribunal and was wondering if anyone has any advise or has gone through this. My daughter has Autism, learning difficulties, challenging behaviour and sensory intergration needs. The renewel forms where sent back in Feb'08 it took them until July to sort it out. They lowered her mobility to low care needs remained at high. I aske for it to be looked at again, and they didnot change it. i have recived copiy of my daughter file and the medicle evidence which I sent them was not included. I called DLA on 5 Jan 09 as the evidence was sent to them on 11 Dec '08 they said they had not recieved it. I had sent it recorded next day delivery so I checked and it was delivered to them on 12 Dec. I called them back again, again to be told that they not recieved it, I refused to put down the phone until they checked again, hey presto they had got it but it had not been opened so had not been logged. I have Coventry law centre helping me as my daughter fits the criteria that dLA lay out but just wondered if any one else has gone through anything simlar. Many Thanks Covlass

I wish to claim back the ppi orpayment protection cover as they call it on the grounds that it was missold because, it was done over the phone I was asked if I wanted it I said yes and then nothing more was said it was explained fully to me and I am/was self employed. Do I send my letter to MBNA or Virgin and does any one know that correct address as I have so many different ones for both virgin & MBNA. I also wish to ask for a copy of my file which I have been told I need to send £10 cheque for this pleasuer again where do I send the letter to Many Thanks Covlass