Many children with Autism are eligible to claim Disability Living Allowance (DLA) which helps to meet the extra costs associated with their difficulties. DLA is paid in two parts:
- The Care Component - This can be paid at a Low, Mid or High rate, depending on the severity of the child's difficulties
- The Mobility Component - If eligible, the child will be paid either Low (from the age of 5) or High rate (from the age of 3)
Some children with autism may be eligible for the Higher rate of Mobility Allowance even if they have no physical difficulties with walking (i.e. they are able to put one foot in front of the other) if their behaviour is very difficult to deal with. For example, if a child may bolt impulsively near roads without physical restraint which could put them (and others) in danger, or they may experience refusal episodes related to their condition.
Claiming HRM for a child with autism is not a simple, straightforward task because children on the spectrum vary wildly in their abilities and difficulties, but if you feel your child meets the conditions required to claim the higher rate, it can help you to manage your child's disability more effectively. HRM is considered a "gateway" to other things such as a "Blue Badge", access to the Motability scheme for car rental, and road tax exemption, all of which can help your child get out-and-about more easily.
This quick guide was created to help you decide if your autistic child may be eligible to claim High Rate Mobility, and how to go about making a claim.
This quick guide was created to help you decide if your autistic child may be eligible to claim High Rate Mobility, and how to go about making a claim.
Is my child eligible for HRM?
The two ways children with an autism spectrum condition may be eligible for Higher Rate Mobility are:
- If they have a "Severe Mental Impairment and Behavioural Problems", or
- If they are "virtually unable to walk"
Don't be put about by this terminology! These are blanket terms to cover the vast range of disabilities DWP decision makers encounter when working out eligibility for the mobility component of DLA. Unfortunately, when filling out these forms we need to focus on what our children can't do, and how much they differ from their "neurotypical" peers in order to explain to strangers (who have no knowledge of how amazing our children are) so they can work out the correct entitlement to meet their day-to-day needs.
Severe Mental Impairment and Behavioural Problems
Children with autism may be eligible to claim HRM under this condition of they are classed as having "severe mental impairment" which results in behavioural problems. This condition has nothing to do with whether or not they are able to walk. To qualify under this condition, you will need to show that your child needs to be watched over at all times, whether at home, outdoors, in the supermarket or even playing in the garden.There are five rules which qualify children for HRM under this condition, all of which must be satisfied:
1. Your child must be entitled to the Higher Rate Care component of DLA (if your child receives Mid or Low rate care, they may still qualify for HRM under the "virtually unable to walk" condition explained below).
2. Your child must suffer from ‘an incomplete physical development of the brain or a state of arrested development which results in severe impairment of intelligence and social functioning’.
DLA case law has accepted that autism is a disorder of brain development. This means that children with a diagnosis of autism or autism spectrum disorder will satisfy the condition of ‘arrested development’ or ‘incomplete physical development of the brain’.
In regards to "severe impairment of intelligence", it should be noted that children with an IQ of over 55 may not be able to apply their intelligence to everyday situations, such as observing road safety.
3. Your child must ‘exhibit disruptive behaviour’ which ‘is extreme’. This may include bolting out into the road; hitting out at people; having frequent meltdowns, and episodes of refusal when you are unable to coax them to move.
4. Your child must regularly require another person ‘to intervene and physically restrain the child to prevent them causing physical injury to themselves or another, or damage to property.’.
"Physical restraint" means that you would need to physically stop your child from doing something which means they may cause harm to themselves, other people, or damage to property. It is subjective, so younger children may need to be held tightly by the arm while older, stronger children may require more active restraint.
5. Your child’s behaviour must be ‘so unpredictable that your child requires another person to be present and watching over them whenever they are awake.’
This behaviour must be present at all times during your child's waking hours and be "unpredictable". If your child only exhibits this behaviour in certain situations (such as when out shopping or at school), it will be difficult for this criteria to be met.
In order to qualify for HRM under this condition, you must be able to show proof of your child's difficulties in the form of a specialist's opinion, such as a letter from your child's paediatrician or a formal document relating to their diagnosis.
Virtually unable to walk
This test looks at the child’s ability to walk outside and takes into account the speed and manner of walking and the distance covered, including any "interruptions" to make progress on foot.
Children with autism may exhibit such "interruptions" as episodes of "refusal": for example, they may refuse to leave the house; refuse to go in the direction their parents wish to take them, or stop and refuse to walk any further. Such episodes cannot be coaxed into submission by discipline or encouragement and are related to the "rigidity of thought" in autistic children and their inability to deal with unexpected events.
These "refusals" can be explained as a "temporary paralysis of will" which - since autism is considered a disorder of brain development - stems from a physical source. Such episodes much be frequent, sustained and not easily overcome in order for your child to qualify for HRM under this condition. You must be prepared to explain in detail the difficulties your child experiences when walking, and it may be helpful to provide evidence from a medical practitioner.
How to claim the mobility element of DLA
Claims for the Mobility element are usually considered when making a new claim for DLA, or renewing an existing claim.
If your child's condition has changed since their initial award of DLA and you feel they are now entitled to the Mobility component (or the Higher Rate when they previously were awarded the Lower Rate) you can declare a change in circumstances and request that the claim be reconsidered. However, you should be aware that your award could go down rather than up!
We strongly recommend seeking advice from the Citizen's Advice Bureau (CAB) or a welfare rights organisation when making (or renewing) a claim for DLA. If you live in Sheffield, you can find contact details for your local CAB here or call 0114 2055055 to speak to an advisor. This will ensure you are best prepared to complete the form, are advised on the correct documentation to include, and are more aware of your rights. Many organisations can even help you to fill in the claim form!
Some tips for filling in the DLA claim form:
- Keep a diary of your child's behaviour and difficulties for a couple of weeks. This will help you to identify their needs and consider things you may otherwise overlook. When we live day to day with our children's disabilities, we develop a new sense of what is "normal" for us, and forget how different they are in relation to neurotypical children of the same age.
- In each section, describe your child's difficulties in detail. You need to remember that decision makers are complete strangers who know nothing about how autism affects your child. Don't rely on diagnosis alone to explain how your child's needs are different!
- Some sections of the DLA form use tickboxes. If you don't feel your child's disability fits neatly into any of the options, leave it blank and instead write out their difficulties in the boxes below.
- Don't be limited to the boxes on the form! A complete explanation of your child's difficulties is unlikely to fit neatly into such a small space. Continue on separate sheets to attach to your claim form, and number/reference these in the appropriate places.
We also recommend that you read this excellent guide from Contact a Family about claiming HRM for children with learning difficulties or autism (it goes into much greater detail than we have in this quick guide!).
If your claim is not successful...
Don't despair! DLA forms are designed for claims relating to a range of disabilities, and autism is a complex condition. The Mobility element of DLA is often awarded at the Lower rate for children on the spectrum, but if you feel your child does meet the conditions for HRM you can challenge this.
First, you must ask for the decision to be looked at again, this is known as a reconsideration request. You may be able to do this over the telephone by calling the DWP, or can make the request in writing (details should be given on the letter you received in response to your claim).
If you are unhappy with the result of the reconsideration, you can lodge an appeal. Initially this is done in writing, via an appeal form, though you may be required to attend an oral tribunal (where you will have the opportunity to explain your reasons for appealing in person). This page on the Benefits and Work website has invaluable guidance to help with DLA appeals. You may also want to brush up on details of case law which concerns medical opinions of how mental impairment relates to the need for care and supervision of children on the autism spectrum.
Your experiences
We hope you find this guide useful in deciding whether your child meets the conditions for eligibility of HRM and how you can apply.
If you have experience of claiming HRM for your child with autism, please let us know about it, either in the comments section below or on the Sparkle Sheffield Facebook page - we'd love to hear from you!
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