I have an appeal coming up, child suffering with downs. 5 months old so cant look for mob. Mum did not fill in section 2 but GP report states 24hr care problems feeding and chest infections with loss of hearing. Unsure of what why to go with this appeal. Any tips.

You have to avoid the trap of proving a substantial need for care but getting caught with not proving that the care needed is substantally greater than an average child of the same age. Not easy with a child of 5 months. good luck.

Don't forget the (care comp.) qualifying criteria for a child is that they must have care or supervision needs that are either substantially in excess of other children of the same age or they must have substantial needs that non-disabled children of the same age would not have. It is this latter part of the test that would appear to be most applicable in your case. See page 186 of the Disability Rights handbook, which provides some good info. on this. I got higher rate care for a baby with downs a few years ago, so I'd say it's definately worth pursuing. Good luck!

The Downs Syndrome Association have produced a useful booklet called Guidelines for claiming Disability Living Allowance, available online, that includes contact details for the Association's Welfare Benefits Advisers who perhaps may be able to help advise further.

More generally, Commisioner Williams in CDLA/3525/2004, although dismissing the appeal against a tribunal's refusal to award DLA with respect to a baby, does give a concise round-up of significant case law with respect to DLA and children, and where arguments on behalf of child claimants may be better directed.

A summary of CDLA/3525/2004 is available in rightsnet briefcase, with a link to the full decision available on the www.osscsc.gov.uk website.

Not sure if this may be useful in the particular case mairead initially raised.

However, the DLA Advisory Board June 2005 briefing to decision makers and tribunal members contains a breakdown of the normal development stages expected in children from birth to 18 months.