I have a client with severe Autism, Learning Difficulties, disruptive behaviour, regularly needs restraining. He would clearly qualify for the Higher Mobility rate of DLA under the severe mental impairment rules, except that he sleeps through the night and isn't going to qualify for Higher Care. He is already on Middle Care and Lower Mobility.
He is unlikely to qualify under virtual inability to walk, as although he is very disruptive, his refusals to walk aren't often enough to stop him making some progress on foot.
It seems ludicrous that he can't get Higher Mobility because he sleeps through the night, which has nothing to do with his walking ability.
Has anyone else had similar cases or know of any case law that could help with a possible supersession?
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