Chapter 61 -Attendance Allowance and DLA care component - Definitions - Continual supervision.
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Supervision is not attention. It is a more passive concept, such as being in the same room as a disabled person and prepared to intervene if necessary. To satisfy the supervision test the following conditions must be satisfied
1. the medical condition is such that it might give rise to a substantial danger to the disabled person or someone else
and
2. the substantial danger is not too remote a possibility
and
3. there is need for supervision to ensure that the disabled person avoids the substantial danger
4. the supervision needed is continual
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Continual supervision is different from continuous supervision. Continual means that the supervision must be going on all the time subject to only brief interruptions.
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People who have adequate warnings of epileptic fits, for example, may not need continual supervision as they can summon assistance in time.
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If attacks are unpredictable, it may be necessary for somebody to be on hand in case an attack occurs1. Where there is no warning, the frequency of fits is not relevant, unless the risk of substantial danger is such a remote possibility that it can be disregarded
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If another person's presence is necessary to reduce the substantial dangers of a sudden attack then that may satisfy the continual supervision condition. Benefit should not be refused solely on the grounds that even if someone is present, that person would not be able to act quickly enough to avoid the substantial danger
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People who are mentally competent should be expected to arrange for supervision
1.when undertaking any potentially dangerous activity such as bathing
and
2. would not necessarily need continual supervision
