We recently acted for a parent, who was appealing to the Social Security and Child Support Appeals Tribunal, on behalf of her severely disabled daughter. Our client was challenging the decision of the Secretary of State for Work and Pensions (“DWP”) to award her daughter, in respect of her Personal Independence Payments, the standard rather than enhanced rate of mobility award.
Our client’s daughter was the subject of a Learning Disability Assessment (“LDA”) and was attending a residential college, funded by her Local Authority. She was diagnosed with autism, severe learning difficulties and epilepsy. The DWP claimed that our client’s daughter could independently undertake a journey unassisted which was in stark contradiction to the difficulties faced by our client’s daughter, as outlined in her daughter’s LDA. We obtained independent expert evidence from a number of professionals, all of whom strongly agreed with the difficulties faced by our client’s daughter, and of the contents of her LDA.
Our client’s appeal was successful in reversing the DWP’s decision and allowing our client’s daughter to access the higher rate of funding. This extra funding will ensure that our client’s daughter is able to live a more independent life.