Has there been a decision about whether or not help given at school (during the school day) counts towards the attention tests for DLA care components?

I seem to remember seeing something along those lines, but it could be wishful thinking.

hi emmab...just read the dla & aa case law pack produced by derbyshire county councils welfare rights service and from what i can gather eligibility for dla for a child comes down to whether they have excessive care-needs compared to that of a child of similar age.i would look at what attention or supervision is required when the child is at school and compare it to the levels of other children their age,if you find that they do need more care and attention than other children i would personally argue that the child is receiving extra care and attention and it shouldn't matter whether the care and attention is given by a parent or a teacher.hope that points you in the right direction and have good weekend y'hear...

The decision you are looking for is CDLA 3737/2002 from Comm Turnbull who held that some of the attention recieved at school can indeed be "attention in connection".

It was also held that school holidays aren't fatal to an award so an award can continue throughout any gap in attention.

The SoS unsucessfully attempted an appeal.

Thank you both.

The decision both helps and hinders!