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Top Disability related benefits topic #723

Subject: "autism & HRMC" First topic | Last topic
carol obeirne
                              

welfare rights unit, cardiff council
Member since
20th Jul 2004

autism & HRMC
Wed 15-Sep-04 02:12 PM

what are views on autism being due to " a state of arrested development or incomplete physical development of the brain"?
We're weighing up whetehr to go for HRMC. He already gets HRCC & LRMC. He meets all the other criteria for the HRMC due to severe mental impairment, I'm just unsure of this bit.
Any views?
Carol

  

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Replies to this topic
RE: autism & HRMC, Euan_Henderson, 15th Sep 2004, #1
RE: autism & HRMC, chris orr, 15th Sep 2004, #2

Euan_Henderson
                              

Welfare Rights Officer, Glasgow City Council
Member since
20th Jan 2004

RE: autism & HRMC
Wed 15-Sep-04 03:58 PM

Autism should be accepted as due to 'state of arrested development...'. problem can be 'severe impairment of intelligence and social functioning' and use of IQ even though Court of Appeal held that SMI shouldn't be defined exclusively by reference to an IQ score (Megarry v Chief Adjudication Officer, 29.10.99).

  

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chris orr
                              

welfare rights officer, appeals team, social work department, glasgow
Member since
02nd Feb 2004

RE: autism & HRMC
Wed 15-Sep-04 03:58 PM

page 564 of the 2003 Non-Means Tested Benefits refers to CDLA 1678/97 where the Commissioner accepted that autism does arise from a stated of arrested or incomplete development. its the next bit in the regulation that causes the problem "severe impairment of intelligence and social functioning" that will differ from case to case but it is NOT to be defined solely in terms of IQ. see R(DLA)1/00.

  

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Top Disability related benefits topic #723First topic | Last topic