Claiming DLA for child whilst i receive UC & PIP

[mummytiger]

Hi,

I am a single parent, i receive UC (LCWA) and PIP (enhanced both care & mobility).

 

Am i entitled to claim DLA for my disabled child (under 16)? 

 

I had been using my PIP money to pay for both our additional needs/care but our needs have increased and i am in financial hardship trying to cope financially with both our needs.

 

I didnt apply before for DLA, as i just struggled on with solely my PIP, as i assumed i couldnt claim DLA for my child, as i am registered disabled and having two disabled people in one household wouldnt qualify.

 

Would this affect my UC amount? Is there a benefit cap?

 

We have a very supportive family network but they too are feeling the strain.

 

Any advice would be greatly appreciated.

[unclebulgaria67]

Yes you can claim DLA for your child under 16, which would be subject to the DLA assessment process.

 

If DLA is awarded for your child, you can then update your UC claim, reporting change under Children and other people who live with you, to confirm that your Child is in receipt of DLA.  You may then get an additional disabled child amount.

 

As you have LCWRA, you are exempt from the benefit cap.  And PIP and DLA payments are not included in any benefit cap anyway. 

[mummytiger]

Thank you for clarification.

 

Will i be required to be reassessed for UC LWCA group when i submit the change of circumstance for my child?

[unclebulgaria67]

No. has nothing to do with your LCWRA award.

 

  When you were awarded LCWRA, a review period would have been set. But due to Covid related backlogs, any reassessment may be a long time in the future.  At the moment,  DWP are not referring people for reassessments and the LCWRA is continuing to be paid. 

[mummytiger]

I see, thank you for explaining.

 

I requested the DLA form in mid november, it arrived 4 days ago,18th Jan 2023 (I have no idea why it had taken so long-over 9 weeks) i have had missing/lost post since before christmas (mid December) and its trickling through now (with the dla form being the longest to take to arrive)

 

The stamp says i had until the end of December 2022 to return it but that has expired. 

 

What do i do now, do i ring them tomorrow and get them to send a new form with to new claim date?

As i doubt they will let the November claim date continue with an extended date given the major postage delay will they?

[unclebulgaria67]

Just call DLA to explain about the postal delays. They should allow more time.

[mummytiger]

I rang them and they said they are unable to offer an extension but to put a covering letter with the form i recieved, explaining the postal delays and send it back asap. However, two months is a long time and they cant be sure it will accepted from November's date.

[honeybee13]

Thread reopened.

 

HB

[mummytiger]

As i am a disabled carer,

 

would i be able to apply for the disabled child element in my UC when i am in the limited capability for work and work-related activity group and receive PIP?

[unclebulgaria67]

If you wanted to add disabled child element in respect of child that has a DLA claim, then you report a change of circumstances under the section Children and other people who live with you.  And the date you report on the change would be the date of the DLA claim.

 

Once you report this change, UC will then look to verify and include the additional amount.

[mummytiger]

Great.So adding it will have no effect on me being on UC in the Limited Capability for work and work related activity group (LCWRA?

[unclebulgaria67]

No you can add Disabled child element and still have LCWRA for yourself.

 

[mummytiger]

I have the dla form still from November 2022 and havent completed it for various reasons, several family bereavements etc. Can i still send it or will they refuse it in its entirety? as the date has expired to return it or would they still accept it from the date i posted it or backdate it to a more reasonable date? Or is it a matter of requesting a new form and starting again?

[unclebulgaria67]

Suggest that you call DLA on 0800 121 4600

 

It may need to be a new claim, unless you have documentary evidence to support reasons for delay in returning the form.  Which is why I suggest that you call them to find out about the process and if necessary to request a new claim and form to be sent to you.

[tomtom256]

If you haven't already done so, send in it in with a covering letter, but also call them, they will either treat it as a late return and honour the original claim date or treat it as a new claim following receipt of the claim form.

[honeybee13]

Thread reopened. 

HB

[mummytiger]

My child has just been awarded DLA middle rate care. The letter states that i have to inform them immediately any change of circumstance.

However, there are some care needs that are permanent but others are 'work in progress' and possibly overcome them

,for those, how long would my child have to do certain care activities confidently and continuously before i report the change?

I have heard 3 month consistently but unsure. 

I am worried if i report an improvement immediately, we then regress (as thats what tends to happen).

[unclebulgaria67]

Not sure there is any specific period, but I would say that after a couple of months, if there is progress made and these are more likely than not to be long lasting, then I think you should report the change of circumstances. 

 

[mummytiger]

I intend to request a mandatory reconsideration for the dla middle rate care that has been awarded for my child, should i inform uc now with a change of circumstance with the current dla award or shall i wait for the mandatory reconsideration decision then submit the change of circumstance with the final/updated dla award to get the uc disabled child element at the relevent rate? 

Also, as i am a disabled single parent (recieving uc lwcra) and have a disabled child  (now recieving dla), i do not claim any carer allowance or direct payments (as i believe i wouldnt qualify for anyway),

we now have a new structure/plan, where me and my child have family who help us both when needed, they do not want any financial gain from this as we are family,

is this ok to have them care for us or do i have to set a formal/paid arrangement with them? Or apply for care from our local council? (Given one of my child's struggles,this would not work having unfamiliar people care for them), family members who my child knows/trusts works well for us. Are we ok with this set up? 

Should circumstances change and i need to pay them, is it ok to pay it from my PIP or my child's DLA? 

[unclebulgaria67]

MR processes can take many months to gain a response.  Obtain advice from organisations such as Citizens Advice before you submit the MR request. If you fail to get advice, your MR is likely to end in failure, because the MR must set out clear evidence to support a change in award.

You should report change to UC now, by clicking on report change of circumstance and completing section children and other people who live with me. You would receive Lower rate UC disabled children element, due to the middle rate DLA award.

You could look into Carers Allowance, but if you were awarded this benefit, any amount you received, would be deducted from your UC claim, so no better off. You would not get the UC Carers element, as you can't get this, when you are in receipt of LCWRA.

Don't see any issue with family helping in the way you have explained.

Before you pay anyone to offer care, if you claimed any benefit related to caring activities, you need to check that such payment does not affect benefit entitlement.

Suggest you get advice from Citizens Advice or other local benefits advice organisation. Don't want you to make mistakes that lead you to being worse off financially.

[mummytiger]

I have a question please in relation to my uc review. 

I am in the uc lcwra group and i receive PIP.

I also receive DLA MRC (daytime care) for my disabled child.

I have a family support network that supports my child during the day as i am unable to meet their physical needs during the day. 

At night, my child has sleep disturbances that i deal with, as they are mentally demanding rather than physical.

Very rare it is physical and i would have a relative come over during the night.

Will uc define me as a 'carer' and remove me from the lwcra group?

My own disabilities are physical, not mental and my child is both.

Should my family network breakdown/change, can i use the child DLA to pay for care?

[unclebulgaria67]

Care issue will not affect UC.

Not 100% sure about DLA being used for care costs. Don't see why not.

[mummytiger]

Even if i am in the LCWRA group for physical disabilities? Am i classed as a carer (due to the night time), albeit, i have a support network doing the main portion of the caring during the day and evening (until bedtime).

[tomtom256]

Any benefit awarded can be spent on whatever you like. Care awards are intended to support costs with extra care anyway, but you can spend it however you like.
There is also no definition of care and the government would rather pay the poxy carers allowance amount, then pay for actual paid carers as it's the cheaper option.

[mummytiger]

What benefits would they be? 

This is a similar situation i am in.

Although my family do not want any money from me, i know they see it as a moral duty and want to do it.

However, even if they did want money by claiming CA, as it isn't one consistent family member (although it tips the 35 per week criteria, its multiple family efforts to help me and my child), therefore, they wouldn't qualify to claim it individually with the hours they do (less than 35+ hours pw each) and even if they did, its a shocking £2.11 per hour. 

Could you explain why please, as i am in the lcwra group?

As i thought uc lcwra was for those who are not fit for or search for work due to disabilities but if caring for another person then i thought it would affect uc.