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    • Good Evening, I've got a fairly simple question but I'll provide some context incase needed. I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there. They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it. I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial. However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it. However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it. I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.   Thanks
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    • one reply only  follow post 2 of letter of claim <<clickme link. dx
    • Sorry, I got confused  Yes, it states all three   Thanks, 
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Autism awarded Low rate mobility and no blue badge


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Why dont you try and engage the help of your Mp ? I dont know if you are aware but at the moment the NAS has a big campaign going on which is called th " I EXIST" campaign and they are asking every one to go onto thier ThinkDifferently site and sign a petition to your local MP. I did and was amazed at the immediate reply i recieved and all the pratical help my MP gave me ,pointing me in the right direction etc. Maybe your MP would be able to bring pressure to bear in parliment to get the mobility criteria of DLA changed . It is a new soap box for MPs to jump on at the moment so use it while the momentum is there. Good luck.

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  • 2 weeks later...
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hi! my son is 7 yrs old and suffers from ADHD, Aspergers and Reactive attachment disorder. although he recieves the high rate care he only recieves the low rate mobility DLA, he still managed to get a blue badge. i applied to my local council who flatly refused, got his gp and specialist and school to write letters and was then awarded. By the way my local coucil told me that from june this year (2008) the will be new laws out that exstends the blue badge scheme to suffers of autism as at the moment it is only discretionary by each individual council wether or not to award one. my advice would be to point out the exsteme danger your child puts them selfs in when out, (my son has violent outbursts) and that they also put other people and their property at risk, and that you cannot be held accountable for this should a badge be refused, Also if you get high rate care DLA for your child it is usualy awarded if you have to attend to them more than twice during the night if this is the case then applying to have you award looked at again (to increase the mobility rate)there should be no reason that they would lower the care rate, although abviously there is no gaurentee. Please bear in mind this is only my opinion.

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TheKLF as an adult you will not be entitled to the high mobility component as you can walk. The criteria for children recieving high mobility is different to the adult criteria. To be honest from your description of yourself I really don't think you should be driving, phobia of trains or not! What if you get distracted and knock over a kid?

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

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  • 4 weeks later...

I get lower rate DLA (no care component even though I live alone) for AS, severe PTSD, OCD, severe agoraphobia and dyspraxia. Because of the agoraphobia, PTSD and dyspraxia, I desparately need a BB but I'm scared to appeal 'cos I've been told that I might get it taken away if I 'make a fuss'. Yet my LEA gives me massive support to go to university. I get all the equipment, software and training I need plus a mental health support worker with me full time :confused: All this with the same information, and beleive me, the LEAs assessment is VERY tough :confused:

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I desparately need a BB but I'm scared to appeal 'cos I've been told that I might get it taken away if I 'make a fuss'.
Whoever told you that did you no favours and talked complete nonsense to boot. It's implying that if you try to get what you may be entitled to, you'll get somehow penalised for it, and you're an intelligent person, you know that the benefits system doesn't work like that.

 

What could happen is that on review, it could be decided that you no longer qualify should your needs have become less significant, but a) it's unlikely to happen since you still have the condition and b) you could easily appeal and most appeals are successful anyway.

 

What could also happen is that they'll say that you don't need any further award and again you could appeal to tribunal.

 

As for care, the fact that you live alone makes you less likely to get the care rate, not more, I suppose they work on the principle that if you are on your own, it follows that you don't need as much care as someone who can't live on their own. :-(

 

You could apply for the BB separately through your council, there is a thread on the site about someone who did just that, I'll see if I can find it for you.

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Even though I live alone my ex-husband and daughter care for me almost daily. My DLA is awarded at the lower rate mobility 'til September 2010.

 

You are right about me being intelligent but the anxiety disorders make it hard for me to fight. I know, I'm a big whimp :p It's been a long fight with health, DCAs, university etc...But once I've had a break I'll get stuck into getting what I know I really deserve.

 

Thanks for your support Bookworm :)

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You're welcome, m'dear. :-)

 

It's definitely worth asking for a review, IMO. Remember as well that if you manage to get your care rate increased, your ex or your daughter would then qualify for Carer's Allowance (subject to conditions, more info here).

 

One step at the time. You're not a wimp, you're just someone with more than average on your plate. ;-)

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The link I gave you says not, yet I am pretty sure they are exceptions, I remember seeing a programme about children who are the carers for their parent, but I honestly can't be sure. It would be worth looking into it anyway.

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My ex works full time and my daughter is 15, does that qualify them for carers allowance if I do manage to get a care component?

 

Hi babybear, to qualify, your carer must care for you for 35 hours a week, must be over 16. You must receive one of these benefits:

 

 

Attendance Allowance

 

Disability Living Allowance at the middle or highest rate for personal care

 

Constant Attendance Allowance at or above the normal maximum rate with an Industrial Injuries Disablement Benefit, or basic (full day) rate with a War Disablement Pension

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  • 2 weeks later...

Hi guys, I now have a 13 year old autistic son and i have got Higher mobility and a blue badge for the last 6 years and i think the reason being is that there is a case (that completely escapes me now) where the judgement says there is a 2 strand test for higher rate mobility and if i remember right (don't quote me on this i would need to look it up again) it goes like this:

 

The person has physical pain which inhibits there ability to walk a certain distance...so for my son, as he walks on his tip toes he cannot walk far as he gets pain in his legs and we end up piggy backing him.

the other strand is that he is a danger to himself or to others whilst outside and as our kids have no sense of danger and would talk to anyone or not and wander into the road which can cause them and others danger.

 

The case was an appeal case and won by a person with Aspergers...i don't have the details anymore as i'm emigrating in 2 weeks and our staff at our charity have it now to help others. I will speak to them next week and get the details off them so i can quote them on here as many of our kids need the higher rate and a blue badge.

I'm not bragging but i have never had any problems getting higher rate for my son but i do think from experience it is what you put on your forms and how you word things....i did 100's of hours research before i filled mine in and got the award first time so it can be done....please don't think i'm bragging but everyone i helped since also got the same.

Good luck and i'll post the details next week when my staff are back off leave.

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  • 1 month later...

I also get higher mobility for my 7 yr old son. He has yet to be confirmed with having autism. I was getting lower rate but because he kept running off when outside and has serve meltdowns in public he was awarded on the grounds of mental impairmment and behavioural problems. I think it is a lotto the decision maker only wrote of to the school for a report so if you can get there school on board i think you will have a better chance. I was told it is virtually impossiblity to get higher mobility and i waould problerley have to keep appealing to get anywheere but got it first time.

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TheKLF as an adult you will not be entitled to the high mobility component as you can walk. The criteria for children recieving high mobility is different to the adult criteria. To be honest from your description of yourself I really don't think you should be driving, phobia of trains or not! What if you get distracted and knock over a kid?

 

Well maybe if the council didn't stick so many dumb signs up all over the place I wouldn't need to worry about being distracted. I find it funny that the council at the moment are banning these signs that advertise something on the side of the motorway as they are distracting, yet they are putting up more bright red distracting signs all over the place telling people how many deaths and casualties there have been on the road in the past 3 years. When I'm travelling at 70mph on the motorway I don't have anywhere near as much chance of being distracted by a sign advertising laptops on ebay as being distracted doing 30mph in a residential area and seeing a large red sign in front of me stating 86 people were killed on this road this year (yeah and stick more signs up like that and their will be more killed!).

 

The funniest signs I've seen have to be the dull yellow ones indicating diversions on national speed limit roads which read something like "The road at the junction of this avenue with that avenue will be closed for a total of 4 weeks from the 1st Febuary 2008 to the the 1st March 2008." Travelling towards these signs at 60-70mph with such small writing on them, by the time you've even tried to start reading them and then tried to figure out whether you will have turned off the road before the junctions and whether the date is between the dates listed you've already reached the place where the road is closed from! Some of them aren't too bad such as "Road ahead closed from the 1st February", you actually have time to figure this out (without looking at a map), but telling people street names, if I'm not from that area how the hell am I supposed to know whether or not I am heading towards that junction??? LOL! And not only that they are quite distracting!

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  • 1 month later...
  • 1 year later...
I have recently received the award notice from the DLA (mobility componant) for my son who has ASD they have awarded him the lower rate on the basis that i have mentioned in the application form that at times he runs away from me. In the same form i said that often he refuses to walk due to a reaction to something he doesn't like.

 

I appreciate how this may sound to be contradictory to someone who doesn't know a lot about autism but that's how it is. Some advice from the NAS suggested making a point in the form about autism being an organic brain dysfunction simply because the person who assesses the form and awards the dla may not have a clue about autism.

 

Can any one advise if they are in receipt of high rate mobility for a child with autism?

 

He already received high rate care componant

 

Also we were refused the blue badge so any advice on that also would be helpful.

 

If we're not entitled to it then that's fine but i would hate to think we were refused these things as someone simply didn't 'get' what autism could mean to a child/adult suffering.

 

Thanks in advance

 

Amanda

We have just been awarded high rate mobility for our Autistic daughter who will be 5 in November.

I applied after meeting another Mum whose son had similar difficulties, and he received high rate mobiity.

They took 17 weeks to decide and 2 weeks to send the letter but at least it got here in the end!

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  • 6 months later...

I have a 9 year old son who has severe autism with all the behavioural, social and communication problems which often goes with it. He is currently in receipt of the higher rate of Mobility Allowance. Initially he was refused (around 6 years ago) but upon appeal he was awarded the higher rate.

 

No two circumstances are the same but I found that the DWP focus on the child's refusal to walk as opposed to an inability to walk when it comes to Autisim. I would also like to add that my older sister also receives higher rate mobility for her sons who also have severe Autism.

 

My sons award is due for renewal and I am a little anxious because of the feedback I have been getting about the DWP clamping down on DLA.

 

I will keep you posted.

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You can get a blue badge sometimes if you have lower mobility. It does depend on the disability though. Some councils may give discretionary blue badges.

 

For severe mental impairment, they don't look at whether the claimant can walk. It's more to do with the dangerous behaviour.

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  • 1 year later...

Hi my 7 year old has ASD (I also have a 4 year old with suspected ADHD and a 2 year old) and unfortunately you will find autism will only get you lower rate of mobility! Some friends only receive middle rate of care so it really is how you fill the form in! As far as the blue badge goes even though there is new criteria stateing that autism should be considered there is still no box for it on the form, you don't receive high mobility (as none of us do) so do not automatically meet criteria and the boxes are aimed at physical disabilities (which doesn't help when you have a child in meltdown). My renewal has just been turned down even though my GP had written that we were a genuine family in need of the badge, as there just wasn't a box to put him into! I have spoken to my local authority (a lovely girl who seemed genuinely upset that she had to refuse) and stressed that the badge is my lifeline and without it we are basically housebound and they have said to put a letter of appeal in writing and then the managers will be able to overturn the decision! Unfortunately this doesn't help in the mean time, it seems there are an awful amount of ignorant people running our country and it's about time the government made a concious decision to help people with autism and their carers, it feels as if everywhere you turn there is a slap in the face waiting for you! Try speaking to your local authority and explaining and get your councillors on board (they are paid to help you) - Good Luck Heidi x

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Autism can get you the higher rate mobility. I know a few people who get it on Autism alone.

 

Hi, Sorry wasn't aware of anyone getting it none of the people I know get it! Did they have to go to appeal?

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