Severe mental impairment and severe behavioural problems

Why both conditions must be present

DLA law sets out a specific route to the highest care rate and higher rate mobility for children who have severe mental impairment combined with severe behavioural problems. The key word is ‘combined’ — both must be present together. Either condition alone does not qualify a child through this route.

Severe mental impairment — the legal definition

In DLA law, severe mental impairment means arrested or incomplete physical development of the brain resulting in severe impairment of intelligence and social functioning. This typically covers severe learning disabilities and related conditions affecting intellectual development from an early age. Note that this is a legal definition that differs from how terms are used medically.

Severe behavioural problems — the legal definition

Severe behavioural problems means behaviour that:

• Is disruptive and requires another person to intervene and physically restrain the child to prevent injury
• Occurs regularly
• Is so unpredictable that constant supervision is needed every waking moment

This is a very high threshold. Not every child with challenging behaviour will meet it.

What the child can qualify for

If both conditions are met, the child may qualify for:
— The highest rate of the DLA care component
— The higher rate of the DLA mobility component (regardless of walking ability)

Evidence needed

Strong medical and professional evidence is essential for claims on this basis. This should include specialist reports (from a paediatrician, psychiatrist, or clinical psychologist) that confirm the diagnosis and describe the behavioural episodes in detail. A parental diary of incidents over several weeks can also support the claim.

Official source

For eligibility details: GOV.UK — DLA for children: eligibility