I have a partially sighted client, single mother of two young children, who was getting DLA middle care and lower mobility until latest DBC generated revision. Now cut to lowest care and lower mobility. Main concern is that the written reasons for decision state " The help you need looking after your children cannot be taken into account when considering entitlement to DLA" I wondered if there has been new DWP guidance to this effect or a recent commisioners decision/test case which I have missed? Or do I just have a rogue decision maker acting on own initiative??

Challenge it. I recently succeeded at tribunal with a deaf client by arguing she needs help to help her look after her children - got middle rate indefinitely. The help is not help to look after the children directly, but help so the client can do it - eg being aware of danger signs, hazards, responding to needs.

You don't say in your posting whether the DM is referring to 'attention' or 'supervision'. If the former it could arguably be correct. If the latter then it is incorrect, as the risk of not being supervised relates to a risk to yourself or others. See the discussion in CPAG/DRH/Bonner.

Hope this isn't too late but i have only just read this.

If you have got the 2004 edition of sweet and maxwells vol 1 non means tested benefits book there is a pretty good discussion on this topic under general notes on pages 145 and 146, Social Secuirty Contributions and Benefits Act 1992 c.4, s72.

The criteria seems to be that it is possible to get an award re care and/or supervsion of others i.e children if the care or supervision is given directly to the mother to enable her to care for the child.

However the facts of the individual case will determine this and there case law for and against see CDLA 16996/96 IN SWEET AND MAXWELL as an example of for.