Great Sankey family take fight against disability cuts to High Court

Warrington Guardian: Cameron Mathieson Cameron Mathieson

A GREAT Sankey family has had their legal challenge over the removal of Disability Living Allowance (DLA), after their disabled son spent more than 84 days in hospital, heard at the Court of Appeal.

As previously reported in the Warrington Guardian, Cameron Mathieson died aged five in October 2012 having spent more than half of his life in Alder Hey hospital.

His family are challenging the DLA ‘84-day rule’, whereby payments are suspended for under-16s when they spend more than 84 days in hospital.

Parents Craig and Lynette said they are mounting the challenge in their son’s name so that no other family with a disabled child who spends long periods in hospital will have essential financial support taken away from them.

An estimated 500 families are affected by the rule each year.

Craig added: “We are determined to overturn this grossly unfair rule in Cameron’s name to stop more families having to go through what we have had to endure.

“When a child is so ill that they need hospital care, they and their families need support, not penalties, yet the system only causes more distress and hardship.

“After 84 days Cameron’s DLA was suspended, along with Carer’s Allowance and our National Insurance contributions, heaping unbearable financial and emotional pressure on us as a family.”

‘Bubbly’ tot Cameron was the only patient in the world with both cystic fibrosis and Duchenne’s muscular dystrophy in the genetic combination he had.

National charities Contact a Family and The Children’s Trust have given the family their support as the Government argues the suspension of payments is justified because the patient’s needs will be ‘fully met’ free of charge by the NHS.

However a recent charity found the Government’s rationale is flawed.

Paul Soames, chief executive of Contact a Family, said: “The DLA rule was introduced just over 20 years ago and now children with such complex needs have a much greater chance of survival.

“Most of the children this rule affects are severely disabled and need round the clock care that even the most well-equipped hospital cannot provide.

“Clearly parents do not leave their children at the door of the hospital and go home to carry on with life as normal.

“In reality, most are providing the same or more care and their costs increase.”

The family will now have to wait several weeks for the Court of Appeal’s verdict.
 

Comments (5)

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8:12am Fri 14 Feb 14

moleogod says...

i sincerely hope that the court finds in there favour. its insane who thinks up these preposterous policies. after 84 days you are cut off. surely if a person is in hospital for 84 days they are clearly very ill and need help and support from both medical professionals and family by there side. you only qualify for DLA if you are ill and i am very sure 84 days in hospital qualifies as ill. this government is a joke. and iain duncan smith should do something about this personally.
i sincerely hope that the court finds in there favour. its insane who thinks up these preposterous policies. after 84 days you are cut off. surely if a person is in hospital for 84 days they are clearly very ill and need help and support from both medical professionals and family by there side. you only qualify for DLA if you are ill and i am very sure 84 days in hospital qualifies as ill. this government is a joke. and iain duncan smith should do something about this personally. moleogod

8:13pm Fri 14 Feb 14

choperado says...

The DLA is paid for mobility and/or care. The recipient is being cared for by the NHS and not needing the mobility component. Carers allowance isnt paid a above. National insurance contributions are still covered by Child Benefit and that's still in pay along with child tax credits.
Sounds harsh but makes sense. Sorry for what the boy suffered and the pain the family feel however this is a losing battle as it woul cost millions that IDS and the Tories won't allow to happen. The benefit reforms have only just begun and in a few years 83 days payment will look very generous.
Good luck though.
The DLA is paid for mobility and/or care. The recipient is being cared for by the NHS and not needing the mobility component. Carers allowance isnt paid a above. National insurance contributions are still covered by Child Benefit and that's still in pay along with child tax credits. Sounds harsh but makes sense. Sorry for what the boy suffered and the pain the family feel however this is a losing battle as it woul cost millions that IDS and the Tories won't allow to happen. The benefit reforms have only just begun and in a few years 83 days payment will look very generous. Good luck though. choperado

9:57am Sat 15 Feb 14

old-codger says...

moleogod wrote:
i sincerely hope that the court finds in there favour. its insane who thinks up these preposterous policies. after 84 days you are cut off. surely if a person is in hospital for 84 days they are clearly very ill and need help and support from both medical professionals and family by there side. you only qualify for DLA if you are ill and i am very sure 84 days in hospital qualifies as ill. this government is a joke. and iain duncan smith should do something about this personally.
Iain duncan smith will do nothing, He has no shame, I hope the courts rule in favour of this family, They have suffered terribly.
[quote][p][bold]moleogod[/bold] wrote: i sincerely hope that the court finds in there favour. its insane who thinks up these preposterous policies. after 84 days you are cut off. surely if a person is in hospital for 84 days they are clearly very ill and need help and support from both medical professionals and family by there side. you only qualify for DLA if you are ill and i am very sure 84 days in hospital qualifies as ill. this government is a joke. and iain duncan smith should do something about this personally.[/p][/quote]Iain duncan smith will do nothing, He has no shame, I hope the courts rule in favour of this family, They have suffered terribly. old-codger

10:09am Sat 15 Feb 14

old-codger says...

choperado wrote:
The DLA is paid for mobility and/or care. The recipient is being cared for by the NHS and not needing the mobility component. Carers allowance isnt paid a above. National insurance contributions are still covered by Child Benefit and that's still in pay along with child tax credits.
Sounds harsh but makes sense. Sorry for what the boy suffered and the pain the family feel however this is a losing battle as it woul cost millions that IDS and the Tories won't allow to happen. The benefit reforms have only just begun and in a few years 83 days payment will look very generous.
Good luck though.
I don't think this is a losing battle, I think it is something that needs to be debated and brought upto date, The childrens ward is full of parents tending to their sick children and assisting in a short staffed ward, To and fro between home and hospital for the benefit of a sick child who happens to clain Dla for his care and for his mobility. The tory,s wont be in power much longer anyway but that wont affect the result of this case.
[quote][p][bold]choperado[/bold] wrote: The DLA is paid for mobility and/or care. The recipient is being cared for by the NHS and not needing the mobility component. Carers allowance isnt paid a above. National insurance contributions are still covered by Child Benefit and that's still in pay along with child tax credits. Sounds harsh but makes sense. Sorry for what the boy suffered and the pain the family feel however this is a losing battle as it woul cost millions that IDS and the Tories won't allow to happen. The benefit reforms have only just begun and in a few years 83 days payment will look very generous. Good luck though.[/p][/quote]I don't think this is a losing battle, I think it is something that needs to be debated and brought upto date, The childrens ward is full of parents tending to their sick children and assisting in a short staffed ward, To and fro between home and hospital for the benefit of a sick child who happens to clain Dla for his care and for his mobility. The tory,s wont be in power much longer anyway but that wont affect the result of this case. old-codger

12:00pm Sun 16 Feb 14

Nick Tessla says...

old-codger wrote:
choperado wrote:
The DLA is paid for mobility and/or care. The recipient is being cared for by the NHS and not needing the mobility component. Carers allowance isnt paid a above. National insurance contributions are still covered by Child Benefit and that's still in pay along with child tax credits.
Sounds harsh but makes sense. Sorry for what the boy suffered and the pain the family feel however this is a losing battle as it woul cost millions that IDS and the Tories won't allow to happen. The benefit reforms have only just begun and in a few years 83 days payment will look very generous.
Good luck though.
I don't think this is a losing battle, I think it is something that needs to be debated and brought upto date, The childrens ward is full of parents tending to their sick children and assisting in a short staffed ward, To and fro between home and hospital for the benefit of a sick child who happens to clain Dla for his care and for his mobility. The tory,s wont be in power much longer anyway but that wont affect the result of this case.
Most of whom do not get paid to do so - are you suggesting that any parent with a child in hospital should receive an allowance?
[quote][p][bold]old-codger[/bold] wrote: [quote][p][bold]choperado[/bold] wrote: The DLA is paid for mobility and/or care. The recipient is being cared for by the NHS and not needing the mobility component. Carers allowance isnt paid a above. National insurance contributions are still covered by Child Benefit and that's still in pay along with child tax credits. Sounds harsh but makes sense. Sorry for what the boy suffered and the pain the family feel however this is a losing battle as it woul cost millions that IDS and the Tories won't allow to happen. The benefit reforms have only just begun and in a few years 83 days payment will look very generous. Good luck though.[/p][/quote]I don't think this is a losing battle, I think it is something that needs to be debated and brought upto date, The childrens ward is full of parents tending to their sick children and assisting in a short staffed ward, To and fro between home and hospital for the benefit of a sick child who happens to clain Dla for his care and for his mobility. The tory,s wont be in power much longer anyway but that wont affect the result of this case.[/p][/quote]Most of whom do not get paid to do so - are you suggesting that any parent with a child in hospital should receive an allowance? Nick Tessla

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