[2025] UKUT 356 (AAC)

Timothy was born in August 2019. He is non-verbal, has developmental delay, autism spectrum disorder, stimming behaviour and mobility and sleeping issues.

On 23 November 2021 Timothy’s mother made a claim for DLA on his behalf. The Secretary of State’s decision-maker decided that Timothy was entitled to the middle rate of the DLA care component as from the date of claim until 25 October 2022, based on his assessed day-time care needs. As he was aged two years at the date of claim, the mobility component could not be awarded (see Social Security Contributions and Benefits Act 1992, section 73(1A)).

In 2022 Timothy’s mother applied for a supersession of that decision, providing additional information. On 9 June 2023 a decision-maker refused that application. This refusal to supersede was on the basis that Timothy was not unable to walk or virtually unable to walk and did not require prolonged or repeated attention at nights. On 14 August 2023 Timothy’s mother applied for that decision to be reconsidered, arguing that “he has excessive night-time needs and struggles with walking and the dangers involved”. On 18 September 2023 the DWP issued a mandatory reconsideration notice. This increased the award of the DLA care component from the middle rate to the highest rate (for the period from 26 October 2022 to 25 October 2024) but maintained the decision to refuse any award of the mobility component.

Timothy’s mother then lodged an appeal with the FTT giving the following summary of her reasons: