What does all that really mean?
The question of course is what do some of these key phrases mean? What are bodily functions or continual supervision? What does significant mean or frequent intervals? Well, because the DLA has been appealed so often, we now know what these things mean and it is important for your understanding and ability to get an allowance. These come from The House of Lords, The Court of Appeal and The Social Security Commissioners and all these definitions have been proved by case law.
What does “requires” mean?
Good start! Well, we all know what requires means don’t we? Well according to the law requires means, in the case of the DLA “reasonably required i.e. not medically required”
What does “frequent” mean?
Now you’re getting the hang of things! In the case of this law, frequent means more than twice.
What does “attention” mean?
In this case it means service of an active nature. That could be walking with someone to the chemists to get their medication.
What does “bodily functions” means?
It always comes round to the toilet, except in this case and for this law bodily functions includes breathing, hearing, seeing, eating, drinking, walking, sitting, sleeping, receiving reassurance, getting out of bed, dressing and the obvious stuff.
What does “continual supervision” mean?
We all know that? Wrong, in the case of the DLA continual supervision does not mean nonstop supervision. The supervision can be anticipatory or precautionary; it does not have to be active. So, a person standing by waiting to help should someone have a cataplectic fall could be considered to be giving continual supervision.
What does “prolonged” and “repeated” mean?
Well in this case prolonged is 20 minutes and repeated is more than once. So twice or three times is repeated. Of course!
What does "substantial danger" mean?
The danger to the claimant or another must be the result of the claimants condition and must not be too remote a possibility.
What does “significant “mean?
An hour or any/many short periods which may be equal to or exceed an hour.
What does "a Severe behavioural problem" mean?
Extreme disruptive behaviour where you regularly require another person to intervene and physically restrain you to prevent you causing physical injury to yourself or another, or damage to property and you are so unpredictable that you require another person to be present and watching over you whenever you are awake.
What does "Virtually unable to walk" mean?
You will not be surprised to learn it does not mean not being able to walk at all. When deciding if someone is ‘virtually unable to walk’ several factors are taken into account: distance, time, speed and the manner in which you walk outdoors without experiencing severe discomfort. There are no set distances or times; everything is considered together. Try to include any information that might be relevant. For example, describe any pain, shortness or breath or other symptoms you experience, or explain if it takes time to recover or get going again when you have stopped.
So, according to the law you can claim DLA at the highest level if you need for one hour a day (or support for two times or longer that adds up to an hour) help even if that just means having somebody around to provide reassurance, be there if you fall while walking or fall asleep while eating. If that person was not present you could fall and hurt yourself, choke while eating or drown in the bath. At night you need to have someone that can check on you twice to make sure you sleeping well or who can reassure you if you have had a bad attack of the night terrors. Prove all that and you can get the highest level of DLA.
You can see why many people apply; you can also see why many people fail to get a penny.