Kidney Dialysis – Deeming Provisions

Two groups of people with renal failure and undergoing dialysis treatment two or more times a week may be considered as “deemed” to satisfy one or more of the medical criteria of the middle rate care component of Disability Living Allowance or the lower rate of Attendance Allowance. These are:

1. Those undergoing a type of dialysis, which normally requires the attendance or supervision of another person during the period of dialysis.

2. Those who because of the particular circumstances of their case in fact require another person, during the period of dialysis, to attend in connection with their bodily functions or to supervise them in order to avoid substantial danger.

There are however exceptions to the above as set out below:

A person cannot be deemed to satisfy either the day condition or the night condition if the renal dialysis

1. Is carried out under the NHS and

2. Is out-patient treatment and

3. Is carried out

3.1 In a hospital or similar institution and

3.2 With the assistance or supervision of any member of the hospital staff

These people may have other care and mobility needs, which also have to be taken into account when the overall needs are assessed.

For more details about Renal dialysis and DLA & AA legislation, refer to DMG Volume 10, Chapter 61, paragraphs 61220 to 61250.

Amended April 2008