You need to show that your disability means"that, in order to prevent substantial danger to yourself or others,you need another person to be awake at night for a prolonged period (or ar frequent intervals) in order to watch over you." This means that you are at risk during the night and having someone around to check on you reduces that risk.
The DWP Decision Makers' Guide points out that watching over "should be given the ordinary dictionary meaning and should be distinguished from supervision."
It applies to people who may be prone to accidents and to those who, as a result of a serious mental illness, may cause deliberate harm. It does not apply to people who have a personality disorder.
-"Prolonged period" The person with you needs to be awake for either at least twenty minutes or at-
-"Frequent intervals" which means on 3 or more seperate occasions.
-"Substantial danger", you need to show that your disability may give rise to substantial danger to yourself or others.
-The danger can be intentional or unintentional
-The likelihood of this danger occurring should not be too remote a possibility.
-"At night" is defined as the period between when other members of your household normally go to bed and when they get up the next day.
-"Watching over" does not mean that the other person has to be looking at you for a prolonged period or at frequent intervals. It means that the person should be awake and ready to intervene for at least twenty minutes or for three shorter periods during the night.
-You do not have to require help on every night of the week, 3 or four nights per week should still qualify.
-With regard to epliepsy, the relative frequency or infrequency of attacks is not considered.
- What matters is the likelihood of an attack and the risk of substantial danger should that attack occur.