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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To apply for DLA for DD when we have a household income of over 300k?

535 replies

Milesandmilesandmiles · 24/07/2024 16:14

Just that really - we have an autistic daughter who needs support with most things (although is in mainstream school). Between us DH and I earn over 300k, so we don’t need the money. However, conscious that we won’t be around for ever and we could save it for DD’s needs as she grows. But is this what state benefits are for?

OP posts:
llizzie · 27/07/2024 01:18

x2boys · 27/07/2024 00:35

I know my youngest son has severe autism and learning disabilities he's 14 and has always been educated in a special school his school caters for children with severe and profound learning disabilities they focus on working on their pupils independence and getting them to reach their potential whatever that might be
When I was 16 I had work experience in a day centre for children and parents and ironically most of the children had similar needs to my son ,many were not in school and the day centre as helpful as it was seemed to be the most parents could access for their children this was in the late 80,s not sure ,when this changed and all children had a right to an education. 0

I admire you and all parents of disabled children. I think they are very brave. I think our benefit system is far too complex. All who go through it's punishing regime deserve better.

All parents of disabled children have already so much knowledge that if there were special grants for parents with special children, they should be given free opportunity to study for a course of study which will give them qualifications, and a new career.

The problem is that study is so expensive that many people who have infinite knowledge of children with disabilities cannot afford it AND provide for their disabled children.

To my mind there is a need for the Government to provide college places for any parent of a disabled child to take for free, because they are the future, where they have a qualification which will open doors for them. Of course it could be that parents of disabled children don't want to make that their profession. On the one hand I don't blame them, but on the other, they are the most experienced people to teach others how to be carers and how to plough through the rules..

TigerRag · 27/07/2024 08:01

llizzie · 27/07/2024 01:18

I admire you and all parents of disabled children. I think they are very brave. I think our benefit system is far too complex. All who go through it's punishing regime deserve better.

All parents of disabled children have already so much knowledge that if there were special grants for parents with special children, they should be given free opportunity to study for a course of study which will give them qualifications, and a new career.

The problem is that study is so expensive that many people who have infinite knowledge of children with disabilities cannot afford it AND provide for their disabled children.

To my mind there is a need for the Government to provide college places for any parent of a disabled child to take for free, because they are the future, where they have a qualification which will open doors for them. Of course it could be that parents of disabled children don't want to make that their profession. On the one hand I don't blame them, but on the other, they are the most experienced people to teach others how to be carers and how to plough through the rules..

"special children"?

Rosscameasdoody · 27/07/2024 08:55

llizzie · 26/07/2024 23:48

This thread is showing up the complexities of the benefit system far more clearly than a debate in Parliament. I am sorry if my use of words is incorrect. At one point I did correct it in another immediate post, though not immediate enough to edit it. I remember thinking at the time, that someone is sure to correct me. I was right.

I bow to your superior knowledge. Perhaps I do not use the correct term: 'roll over'. I suppose I should have said that if they are entitled to DLA when they are under 16, then they should be able to get the PIP after age 16.

If you are saying that some children are deemed not to need non-means tested benefit once they pass 16 and that benefit is withdrawn, it is a shocking state of affairs.

Under what circumstances would a child over 16 be refused benefit after 16? I know it is called PIP instead of DLA, but I would think that to refuse a child PIP there would have to be a good reason, surely?

Depends on the disability. The eligibility criteria for PIP is totally different from child DLA. It’s a working age benefit and much harder to claim. Just because a child has qualified for child DLA doesn’t mean they will automatically qualify for PIP.

As an example of the difference between DLA and PIP, when PIP was introduced in 2013 and DWP started to migrate existing DLA claimants on to the new benefit, thousands of claimants lost benefit because they were ineligible for PIP. Thousands more had the level of benefit reduced because they no longer qualified for the higher rates of payment under PIP.

Rosscameasdoody · 27/07/2024 09:28

llizzie · 27/07/2024 00:52

I wish I didn't have to argue. The Acts may have been repealed at times, but not to the extent you say. All the information is available on google.

Under what circumstances would a disabled person over 60 have their DLA taken away and reduced to AA?

Copied and pasted from the web:

If you are aged 18 or over, payments you get of Disability Living Allowance (DLA), Personal Independence Payment (PIP), Adult Disability Payment Scotland (ADP) and Attendance Allowance (AA) will stop after you have been in hospital for 28 days. If you are under 18 on the day you enter hospital, your DLA, Adult Disability Payment Scotland or PIP payments will not stop.

If your DLA, PIP, ADP or AA payments stop, they will be paid again as soon as you come out of hospital. You will need to tell the Department for Work and Pensions (DWP) or Social Security Scotland that you have left hospital. If you come out of hospital but have to go back in within 28 days, your benefit will stop again as soon as you are staying in hospital again. You will need to tell the DWP or Social Security Scotland you have gone back into hospital.

If you were living in a care home before going into hospital and payment of DLA care component, PIP daily living component or AA had stopped, you will not be paid when you go into hospital. Also, after 28 days in hospital, payment of the mobility component of DLA or PIP will stop.

If you have a car through the Motability scheme, you should tell Motability if you are likely to be in hospital for more than 28 days

Your State Pension doesn't change, no matter how long you're in hospital. But some payments are suspended if you're in hospital for more than 28 days: Attendance Allowance. Disability Living Allowance.24 Jun 2024

Pension Credit is paid for an indefinite period, as long as the other conditions of entitlement are still met. Some additions and allowances may be affected, such as Severe Disability Addition, Carer's Addition and Pension Credit housing costs, depending how long you're in hospital for.

NOW TELL ME THAT DISABLED PEOPLE DO NOT PAY FOR NHS TREATMENT.

TELL ME THAT the hospital staff who constantly complain to the media that horrid nasty elderly people are hogging NHS beds and preventing other people from getting NHS treatment by being there, are JUSTIFIED.

When have you ever heard anyone on BBC TV talk about the elderly and disabled who have to give up benefits to pay for the bed? They are blamed for being in hospital without just cause. No one tells the public it is costing them money that is given back to the Treasury while they are selfishly ''hogging the beds''.

Patients hogging beds because there is no one at home to give them domiciliary care. There would be plenty of carers if they were paid properly.

If someone working full time is not paid enough to keep a roof over the family's heads and food in their bellies, then no matter how much the house is better than a wooden shack, nor how much better the food is, THEY ARE STILL SLAVES of the people who pay them.

If carers are paid enough money to live on, there would never be a shortage of care workers.

I’ve read through this and it doesn’t change anything l’ve said in the post you tagged. A change of circumstances after retirement age which means that you no longer qualify for DLA would result in the claim being closed. There are no new claims for DLA for anyone over the age of 16 so if you needed benefit again it would be attendance allowance.

l understand what you’re trying to say about hospital treatment but the care/daily living components of disability benefits like PIP, DLA and AA are meant to contribute to the cost of care. When you enter hospital or LA funded care home, the state is taking over your care, so the continued payment of disability benefits would effectively mean the state contributing twice. State pension doesn’t stop on hospital admission and neither does pension credit. They are income replacement benefits and are not related to the provision of care. Some other related means tested add ins may be suspended while in hospital and restarted on discharge.

You also questioned the pension credit. If a pensioner who is on pension credit starts to claim the enhanced rate of AA pension credit will be paid at a higher rate to reflect the extra cost of disability.

l was a disability outreach worker before l retired and l’m also severely disabled myself so l’m well acquainted with the benefits system. All of the above information is in the public domain and in my experience claimants were well aware of the effect of hospital stays on their benefits. Don’t know why you’d think it needs a proclamation from the BBC.

DotAndCarryOne2 · 27/07/2024 09:53

llizzie · 27/07/2024 00:18

If they think he does not qualify, at least you would have tried. You have not ignored your child's RIGHT to benefit that he needs.

If you claim it and he is worthy of it, then you have done the right thing, not only because of the money, but because it is his RIGHT to the benefit.

What is also important is the RECOGNITION that the child is disabled and justly entitled to it. There are some very nasty people who resent anyone who receives benefit. Not all claimants are entitled to receive it, BUT they are all ENTITLED to apply for it, and if they are turned down, apply again and again, and NEVER let the taunts of the critics get you down. (if I used bad language, I would put the common term for it.)

Not all claimants are entitled to receive it, BUT they are all ENTITLED to apply for it, and if they are turned down, apply again and again,

This would be a complete waste of time unless something had changed between applications.

DWP carry out an assessment of a claimants’ disability, including a face to face interview where necessary. An assessors’ report is provided to the decision maker and benefit is awarded based on the report and any other evidence the claimant provides. If benefit is refused or the claimant thinks it’s not awarded at the right rate, then they can appeal, firstly by asking the DWP to look again at the decision and then by going to tribunal if they still don’t agree with the decision.

lf benefit is still refused there is absolutely no point in reapplying and going through the whole stressful process again unless something is different from the last application, because you will just be refused again as you still don’t meet the eligibility criteria.

Rosscameasdoody · 27/07/2024 12:36

llizzie · 27/07/2024 01:03

What part of what I posted do you consider nonsense? I have to assume you are right, but I would like to know how your mother's pension credit was raised and her AA was raised. I can understand the raising of the AA, but surely if your mother's income entitled her to receive pension credit of £23 a week, then after her stroke it was increased to £100 a week, is puzzling.

I have to admit that I know nothing about family/pension credit benefits. You surprise me. Only if her income was lowered would she have received such an increase in pension credit.

If she was entitled to Pension Credit of £23 before her stroke, what happened to increase that by three times to £100 a week? If there was no change, then she should ask for a backdate,

If she was entitled to Pension Credit of £23 before her stroke, what happened to increase that by three times to £100 a week? If there was no change, then she should ask for a backdate,

What happened was clearly explained by this poster. Her mother became entitled to the higher rate attendance allowance when she developed disability due to stroke, so any pension credit in payment would be increased accordingly to account for increased costs of that disability. The award would have been backdated to the date AA was first awarded. She wouldn’t be entitled to any backdating of increased pension credit beyond that because she wasn’t entitled to it.

Rosscameasdoody · 27/07/2024 12:48

AvrielFinch · 27/07/2024 01:10

The stroke may be coincidental to the raising of pension credit. I remember a few years ago when it was revealed that some women pensioners were being paid less pension than they should have been.

Yep, I remember that. My own mum got an increase in pension credit at that time. She was claiming standard rate AA at the time because of physical disability. That didn’t make any difference to the amount of her pension credit, but she had a fall which worsened her condition and after she was awarded the higher rate AA her pension credit increased again. The letter from DWP stated that this was because she had been successful in the AA claim. It was quite a substantial increase too.

Rosscameasdoody · 27/07/2024 12:52

llizzie · 27/07/2024 01:18

I admire you and all parents of disabled children. I think they are very brave. I think our benefit system is far too complex. All who go through it's punishing regime deserve better.

All parents of disabled children have already so much knowledge that if there were special grants for parents with special children, they should be given free opportunity to study for a course of study which will give them qualifications, and a new career.

The problem is that study is so expensive that many people who have infinite knowledge of children with disabilities cannot afford it AND provide for their disabled children.

To my mind there is a need for the Government to provide college places for any parent of a disabled child to take for free, because they are the future, where they have a qualification which will open doors for them. Of course it could be that parents of disabled children don't want to make that their profession. On the one hand I don't blame them, but on the other, they are the most experienced people to teach others how to be carers and how to plough through the rules..

It’s not just the fact that study is expensive, or that parents of disabled children cannot afford to provide for them if they study. It’s the fact that caring for a disabled child in very many cases is a full time job in itself, and also that many of these parents have to work as well to make ends meet. There are only so many hours in a day and caring for someone disabled is exhausting.

llizzie · 27/07/2024 16:37

Rosscameasdoody · 27/07/2024 08:55

Depends on the disability. The eligibility criteria for PIP is totally different from child DLA. It’s a working age benefit and much harder to claim. Just because a child has qualified for child DLA doesn’t mean they will automatically qualify for PIP.

As an example of the difference between DLA and PIP, when PIP was introduced in 2013 and DWP started to migrate existing DLA claimants on to the new benefit, thousands of claimants lost benefit because they were ineligible for PIP. Thousands more had the level of benefit reduced because they no longer qualified for the higher rates of payment under PIP.

Thank you. I was not familiar with it, because my benefit stayed at DLA, so I didn't really take all that much notice. Too many people do that, unfortunately.

I doubt MPs know much about it. It shows that the country is run by civil servants, because MPs only know what the civil servants tell them..

llizzie · 27/07/2024 16:44

Rosscameasdoody · 27/07/2024 12:52

It’s not just the fact that study is expensive, or that parents of disabled children cannot afford to provide for them if they study. It’s the fact that caring for a disabled child in very many cases is a full time job in itself, and also that many of these parents have to work as well to make ends meet. There are only so many hours in a day and caring for someone disabled is exhausting.

The new government has promised better training for jobs. Perhaps this is an opportunity for you all on here to make your feelings and experiences known.

They probably think more in terms of increasing the number of apprenticeships, such as trades. What this country needs is to tap into the experiences outside the trading skills.

One thing that stands out in elections and on the news is that you hardly ever hear anyone say that the children of today are those to run the country in the future. Those who bring up the children are bringing up the future rulers of industry and it is industrial effort which is needed. They promise to increase the wealth of Britain: how?

rwalker · 27/07/2024 16:50

Absolutely claim it but spend it on your daughters needs that u are currently funding
save the money you are spending now and you can decide what to do with that

you will pay an enormous amount in deductions probably 2.5 times as much as I earn
your funding other people’s benefits get some for your daughter

llizzie · 27/07/2024 17:01

Rosscameasdoody · 27/07/2024 12:36

If she was entitled to Pension Credit of £23 before her stroke, what happened to increase that by three times to £100 a week? If there was no change, then she should ask for a backdate,

What happened was clearly explained by this poster. Her mother became entitled to the higher rate attendance allowance when she developed disability due to stroke, so any pension credit in payment would be increased accordingly to account for increased costs of that disability. The award would have been backdated to the date AA was first awarded. She wouldn’t be entitled to any backdating of increased pension credit beyond that because she wasn’t entitled to it.

I thought that the pension credit was an allowance to the state pension when those who retire do not have a profession pension, and have to rely on the state pension.

Now you are saying that if a pensioner has age-related disabilities, the pension credit increases because the AA is increased.

I did not know that the pension credit is not only based on income, but on health and disability as well. It strikes me as rather unfair on those pensioners who have to have their pensions topped up by pension credit, but are only disabled by old age, not old age related disabilities.

I thought the AA was given to pay for extra help for disabilities in old age. I thought the pension credit was connected to the amount of income. Now you say that if you qualify for the higher AA you also qualify for more Pension Credit?

I wonder how many other people know that you get more pension if you also get more AA,

What about the other pensioners without a private pension? What is the difference between Pension Credit for someone who also needs care and those claiming the Pension Credit who do not?

If an elderly person is trapped in a hospital bed because there is no one at home to care for them, why don't they claim AA (if they are in hospital presumable the ward clerk will do that) and get increased Pension Credit as well? At minimum wage paid by social services to care staff they could have a good hour a day domiciliary care, which is more one to one than residents in care homes get.

Does Family Credit work in the same way, that if whoever in the family works and is able to claim Family Credit gets an increase of Family Credit when they are disabled and claim PIP?

DotAndCarryOne2 · 27/07/2024 17:12

llizzie · 26/07/2024 19:51

Your comment predisposes that I am ignorant of benefits and of the benefit I have been claiming for decades: DLA. I know it is now called PIP. Did I say I didn't know?

Of course they are different. There are no new claimants to DLA for any age, but whatever they call it when you get it, you travel through life with, and if you are not getting the full amount, you can claim more when you need it, but there is a limit. The limit is not enough. Limits never are.

If a child under 16 already has the non means tested benefit, it is rolled over, but whether it is regarded as a new claim or not, I do not know now, and it is easily obtainable on google if I need to know, and yes, adults receiving DLA/PIP do not have to apply for AA. It is all there on google.

The OP wants to apply for the benefit which is now called PIP. Did someone tell her she should not claim taxpayer's money when they have a high income? I suspect someone did, someone with a similar attitude to some posters on this thread.

The fact is that regardless of how much money comes into the family coffers, if they do not claim it on behalf of a child who needs it, that child is entitled to appeal against the parents on the grounds that he/she is entitled to the money and that the parents must claim it on behalf of the child because THE MONEY IS THE CHILD'S and they DO NOT HAVE THE RIGHT not to take awau their child's opportunity to live as their peers without disability. That takes money: and the state helps with that, and it is the CHILD's RIGHT to receive it whether the parents want it or not. All those who say that the parents have no right to it if they are wealthy do not appear to know that.

Whether the state recognises the fact or not, it is my belief that if there is child abuse if children do not receive the benefits they are entitled to just because the parents don't want to.

It is no different to the cases where parents refuse to send their child to special education schools, because of publicity. That is child abuse too. There are parents begging local authorities to place their children according to need, yet there are other parents who cannot face their child's need for special education. I once heard a person in an authoritative position, with a Downs Syndrome child get up and say ''Spending money on these children is just chucking it down the drain because they cannot be educated to work as adults'', to which I replied ''Maybe so, but if staying on at school enables them to learn how to take care of themselves, then that is money more than well spent.''.

I am afraid that attitude still prevails in some places.

There’s so much wrong with this post l don’t know where to start. You’ve even contradicted yourself in parts.

There are no new claimants to DLA for any age, but whatever they call it when you get it, you travel through life with, and if you are not getting the full amount, you can claim more when you need it, but there is a limit.

This is incorrect. DLA for a child changes to PIP at age 16. PIP is a totally different benefit to DLA with different eligibility rules. And those adults who are on DLA as a legacy benefit are subject to having their benefit change to AA if they become ineligible for DLA at review or they fail to renew by the given date. Also those people on DLA as a legacy benefit are unable to make a fresh claim to either component unless they were claiming it beforehand. So for example if your award was for care you would not be able to claim mobility and vice versa.

If a child under 16 already has the non means tested benefit, it is rolled over, but whether it is regarded as a new claim or not, I do not know now, and it is easily obtainable on google if I need to know, and yes, adults receiving DLA/PIP do not have to apply for AA. It is all there on google.

Disability benefits for a child are not ‘rolled over’ at age 16. Child DLA and PIP are different. DLA ends at 16 and PIP is treated as a new claim, but you can ask for the medical evidence used for DLA to be considered for PIP. And as above, DLA legacy claimants/PIP claimants reaching age 66, would have to claim AA if their DLA/PIP was stopped for any reason, as their are no new claims for either benefits past that age.

The OP wants to apply for the benefit which is now called PIP

No she doesn’t. She wants to apply for child DLA. PIP and child DLA are not the same benefit.

The fact is that regardless of how much money comes into the family coffers, if they do not claim it on behalf of a child who needs it, that child is entitled to appeal against the parents on the grounds that he/she is entitled to the money and that the parents must claim it on behalf of the child because THE MONEY IS THE CHILD'S and they DO NOT HAVE THE RIGHT not to take awau their child's opportunity to live as their peers without disability

The parent is the advocate and the appointee for the child. The decision as to whether or not to apply for benefit is parents’ decision until the child reaches age 16 when the child can make a PIP claim in their own right. If they do not have the capacity to do so and the parent has the authority on decision making, then that continues to be their decision.

It is no different to the cases where parents refuse to send their child to special education schools, because of publicity. That is child abuse too. There are parents begging local authorities to place their children according to need, yet there are other parents who cannot face their child's need for special education.

Parents of children with special needs, along with the professionals who support them are best placed to decide whether their children would benefit from mainstream or alternative education methods. It’s far from child abuse to decide to send a disabled student to a mainstream school and learn alongside non disabled peers if that’s the best solution for them. I grew up in an era where disabled children were expected to attend ‘special schools’ which offered little in the way of actual education. My parents fought long and hard to get me into mainstream schooling at a time when that was far from the norm. Physical disability doesn’t mean intellectual disability and there are many parents fighting for the right for their disabled children to receive support in mainstream schools. You seem to be suggesting that disabled children don’t belong in mainstream education, and that, along with some of your terminology such as ‘special’ children, and ‘slow children is downright offensive. And there is no compulsion for disabled children to leave school at the earliest opportunity. Since you’re so fond of google, try searching EHCP - in some instances there are provisions for disabled children to be educated after standard school leaving age.

So, yes, l think you’ve proved quite comprehensively that your knowledge of the benefits system and educational provision for the disabled is not up to scratch. It’s certainly not to a standard where you should be arguing the toss with those posting from professional experience of these matters.

Rosscameasdoody · 27/07/2024 17:53

llizzie · 27/07/2024 17:01

I thought that the pension credit was an allowance to the state pension when those who retire do not have a profession pension, and have to rely on the state pension.

Now you are saying that if a pensioner has age-related disabilities, the pension credit increases because the AA is increased.

I did not know that the pension credit is not only based on income, but on health and disability as well. It strikes me as rather unfair on those pensioners who have to have their pensions topped up by pension credit, but are only disabled by old age, not old age related disabilities.

I thought the AA was given to pay for extra help for disabilities in old age. I thought the pension credit was connected to the amount of income. Now you say that if you qualify for the higher AA you also qualify for more Pension Credit?

I wonder how many other people know that you get more pension if you also get more AA,

What about the other pensioners without a private pension? What is the difference between Pension Credit for someone who also needs care and those claiming the Pension Credit who do not?

If an elderly person is trapped in a hospital bed because there is no one at home to care for them, why don't they claim AA (if they are in hospital presumable the ward clerk will do that) and get increased Pension Credit as well? At minimum wage paid by social services to care staff they could have a good hour a day domiciliary care, which is more one to one than residents in care homes get.

Does Family Credit work in the same way, that if whoever in the family works and is able to claim Family Credit gets an increase of Family Credit when they are disabled and claim PIP?

l haven’t said any of this. Pension credit is paid to pensioners whose income falls below the pension guarantee level. Here is a link to age uk which explains it in more detail.https://www.ageuk.org.uk/information-advice/money-legal/benefits-entitlements/pension-credit/#:~:text=Pension%20Credit%20is%20a%20means,separate%20from%20your%20State%20Pension.

lf total income falls below the standard pension credit guarantee then pension credit is payable to top up to that level. Its means tested and counts all forms of income except disability benefits. If a pensioner is disabled and already claiming AA/middle rate or higher care component of PIP/DLA the level of pension credit payable is higher to take into account the cost of disability. If the pensioner makes a new successful claim for AA then they are entitled to the severe disability addition of pension credit, worth up to £81. It also qualifies the claimant to extra help with things like housing and council tax where appropriate. When a pensioner qualifies for a disability benefit they are advised that they may be eligible for all these things.

As has previously been advised, you can’t claim disability benefits if you’ve been hospitalised for more than 28 days. Bed blocking is complicated and has nothing to do with the level of disability benefits and everything to do with whether you are entitled to care from the local authority - it is they with whom hospital staff liaise to arrange suitable care on discharge and in some cases it can be provided free for up to four weeks depending on eligibility. But in many cases it’s not available immediately so the person remains in hospital until it can be arranged. Disability benefits can’t change that because they’re not paid at anything like the level needed to afford private care. Local authority care is based on what the person can afford to pay. Private carers wouldn’t be subsidised in the same way and would be unaffordable for most people in this situation.

Family credit no longer exists. It was replaced by working tax credits around 2003 and in most cases there are now no new claims to wtc because they’ve been replaced by universal credit, although some people still claim as a legacy benefit.

https://www.ageuk.org.uk/information-advice/money-legal/benefits-entitlements/pension-credit#:~:text=Pension%20Credit%20is%20a%20means,separate%20from%20your%20State%20Pension.

Rosscameasdoody · 27/07/2024 18:04

llizzie · 27/07/2024 16:37

Thank you. I was not familiar with it, because my benefit stayed at DLA, so I didn't really take all that much notice. Too many people do that, unfortunately.

I doubt MPs know much about it. It shows that the country is run by civil servants, because MPs only know what the civil servants tell them..

Most MP’s will be familiar with disability benefits because it’s government who legislate for it, and MPs vote on that legislation as well as any amendments. Civil servants in the form of DWP are there to award and pay benefits in accordance with legislation.

Rosscameasdoody · 27/07/2024 18:07

llizzie · 27/07/2024 16:44

The new government has promised better training for jobs. Perhaps this is an opportunity for you all on here to make your feelings and experiences known.

They probably think more in terms of increasing the number of apprenticeships, such as trades. What this country needs is to tap into the experiences outside the trading skills.

One thing that stands out in elections and on the news is that you hardly ever hear anyone say that the children of today are those to run the country in the future. Those who bring up the children are bringing up the future rulers of industry and it is industrial effort which is needed. They promise to increase the wealth of Britain: how?

It’s not the training that’s the problem. It’s parents finding the time in between caring for their disabled children and in most cases, working. Caring in itself is a full time job. Where would they find the time to train ?

BrumToTheRescue · 27/07/2024 18:08

llizzie · 26/07/2024 23:48

This thread is showing up the complexities of the benefit system far more clearly than a debate in Parliament. I am sorry if my use of words is incorrect. At one point I did correct it in another immediate post, though not immediate enough to edit it. I remember thinking at the time, that someone is sure to correct me. I was right.

I bow to your superior knowledge. Perhaps I do not use the correct term: 'roll over'. I suppose I should have said that if they are entitled to DLA when they are under 16, then they should be able to get the PIP after age 16.

If you are saying that some children are deemed not to need non-means tested benefit once they pass 16 and that benefit is withdrawn, it is a shocking state of affairs.

Under what circumstances would a child over 16 be refused benefit after 16? I know it is called PIP instead of DLA, but I would think that to refuse a child PIP there would have to be a good reason, surely?

Many of what are called rising 16s are eligible for PIP, but not all of them are. The criteria for PIP are different than the criteria for DLA.

BrumToTheRescue · 27/07/2024 18:09

For carers who can manage studying, The OU has a carer scholarship.

llizzie · 27/07/2024 18:38

Rosscameasdoody · 27/07/2024 18:04

Most MP’s will be familiar with disability benefits because it’s government who legislate for it, and MPs vote on that legislation as well as any amendments. Civil servants in the form of DWP are there to award and pay benefits in accordance with legislation.

I mentioned the control of the civil servants. An MP is only as good as the information they are fed.

AvrielFinch · 27/07/2024 18:53

Although that is true. Ministers and the PM have their own aides who also analyse and present information. They do not rely just on the civil servants.

llizzie · 27/07/2024 19:40

ConstantlyFuriosa · 26/07/2024 03:15

PIP/DLA absolutely should be means tested so no, you shouldn’t be claiming it as you clearly don’t need it. The whole reason this particular benefit is in a state is because it isn’t means tested and those who are genuinely in need of it are seen as scroungers while others who don’t actually need it are letting it pile up in the bank.

This is not the safety-net the welfare state was created for.

It beggars belief that so many are saying, yeah, you’re entitled so go for it but I’m sure would be raising eyebrows at the ‘feckless’ and genuinely impoverished disabled people who actually need it.

The Disability Living Allowance and Personal Independence Payment, should NEVER be means tested. People in receipt of that are entitled to the same enjoyment of life as everyone is.

If you are well and healthy and strong, depending on what you want to do and the money you have to do it, you can do anything you like.

Disabled people cannot. No matter how hard we try, if we cannot walk more than a few feet or yards, we are limited in what we can do. Without the DLA/PIP, what would you imagine their lives would be like? It is so hard, and the forms are so long - a book of around 50 pages - that almost every minute of the 24 hours of the day have to be accounted for: how many times do you need this, or this, or that in a day, a week?

With children, if they qualify it, the parents must NOT refuse it for any reason. IT IS THE RIGHT OF THE CHILD to receive the benefit regardless of what their parents' income or whether they want to receive it on behalf of their child. Adults can choose their own wheelchair, according to their needs. They have the ability to know and search for what they need. CHILDREN DO NOT. They have to rely on their parents or guardians to supply their needs, and parents should not refuse it, no matter what their income is.

That you should even say you would deny a child's human right to live a better life by having their complicated needs provided shows how little people know about human rights and entitlement.

Sirzy · 27/07/2024 19:43

The second disability benefits become means tested is the second those right on the cut off end up missing out and being discriminated against due to their disability.

i know someone who has a son who was left disabled due to faults at his birth. They have since had a compensation package but their son is still disabled and as such still entitled to disability benefits

AvrielFinch · 27/07/2024 19:46

Disabled people are already discriminated against.

llizzie · 27/07/2024 19:56

Rosscameasdoody · 27/07/2024 18:07

It’s not the training that’s the problem. It’s parents finding the time in between caring for their disabled children and in most cases, working. Caring in itself is a full time job. Where would they find the time to train ?

I made a suggestion. I am not advocating compulsory study for all people. There could be parents of disabled children who are able to study for qualifications - if there were places of study they could go to without having to pay for it. At the end of courses, not only would they have qualifications, but their own children would have the help of parents who had studied in order to help them.

Why you should put a damper on suggestions by finding fault with them, rather than help achieve something with wise words of encouragement, I don't know. Perhaps if you were disabled you might be more encouraging, rather than give people an excuse not to do something beneficial to themselves.

Every child is entitled to education no matter what their abilities/disabilities are. The Government HAS TO provide education for all children in a place suitable to their needs.

If Sir Keir is really serious about helping people qualify for better employment, and he particularly gives the care sector a mention, then he should put his money where his mouth is and make creche available for mums and dads of disabled children to enable them to study for qualifications which will lead to better employment. There are ways of helping parents to work and study while the children are at school, even make arrangements for them when illness strikes them down.

There must be parents of disabled children who cannot get even part time employment. If Sir Keir is serious, and his electioneering was truthful, then he should ensure that parents can go out to work and be able to socialise with others while they are on social security benefit, not only to benefit themselves, but be able to help their children to socialise. Perhaps he could start courses similar to the TOPS courses, which were 9-5 and students were paid a wage to study. Not only did they study for employment qualifications, but it got them used to getting up and going to work in the morning and coming home at night.

It is not impossible for parents to take courses leading to better qualifications while the children are at school. There is also the Open University and night school.

llizzie · 27/07/2024 20:26

DotAndCarryOne2 · 27/07/2024 17:12

There’s so much wrong with this post l don’t know where to start. You’ve even contradicted yourself in parts.

There are no new claimants to DLA for any age, but whatever they call it when you get it, you travel through life with, and if you are not getting the full amount, you can claim more when you need it, but there is a limit.

This is incorrect. DLA for a child changes to PIP at age 16. PIP is a totally different benefit to DLA with different eligibility rules. And those adults who are on DLA as a legacy benefit are subject to having their benefit change to AA if they become ineligible for DLA at review or they fail to renew by the given date. Also those people on DLA as a legacy benefit are unable to make a fresh claim to either component unless they were claiming it beforehand. So for example if your award was for care you would not be able to claim mobility and vice versa.

If a child under 16 already has the non means tested benefit, it is rolled over, but whether it is regarded as a new claim or not, I do not know now, and it is easily obtainable on google if I need to know, and yes, adults receiving DLA/PIP do not have to apply for AA. It is all there on google.

Disability benefits for a child are not ‘rolled over’ at age 16. Child DLA and PIP are different. DLA ends at 16 and PIP is treated as a new claim, but you can ask for the medical evidence used for DLA to be considered for PIP. And as above, DLA legacy claimants/PIP claimants reaching age 66, would have to claim AA if their DLA/PIP was stopped for any reason, as their are no new claims for either benefits past that age.

The OP wants to apply for the benefit which is now called PIP

No she doesn’t. She wants to apply for child DLA. PIP and child DLA are not the same benefit.

The fact is that regardless of how much money comes into the family coffers, if they do not claim it on behalf of a child who needs it, that child is entitled to appeal against the parents on the grounds that he/she is entitled to the money and that the parents must claim it on behalf of the child because THE MONEY IS THE CHILD'S and they DO NOT HAVE THE RIGHT not to take awau their child's opportunity to live as their peers without disability

The parent is the advocate and the appointee for the child. The decision as to whether or not to apply for benefit is parents’ decision until the child reaches age 16 when the child can make a PIP claim in their own right. If they do not have the capacity to do so and the parent has the authority on decision making, then that continues to be their decision.

It is no different to the cases where parents refuse to send their child to special education schools, because of publicity. That is child abuse too. There are parents begging local authorities to place their children according to need, yet there are other parents who cannot face their child's need for special education.

Parents of children with special needs, along with the professionals who support them are best placed to decide whether their children would benefit from mainstream or alternative education methods. It’s far from child abuse to decide to send a disabled student to a mainstream school and learn alongside non disabled peers if that’s the best solution for them. I grew up in an era where disabled children were expected to attend ‘special schools’ which offered little in the way of actual education. My parents fought long and hard to get me into mainstream schooling at a time when that was far from the norm. Physical disability doesn’t mean intellectual disability and there are many parents fighting for the right for their disabled children to receive support in mainstream schools. You seem to be suggesting that disabled children don’t belong in mainstream education, and that, along with some of your terminology such as ‘special’ children, and ‘slow children is downright offensive. And there is no compulsion for disabled children to leave school at the earliest opportunity. Since you’re so fond of google, try searching EHCP - in some instances there are provisions for disabled children to be educated after standard school leaving age.

So, yes, l think you’ve proved quite comprehensively that your knowledge of the benefits system and educational provision for the disabled is not up to scratch. It’s certainly not to a standard where you should be arguing the toss with those posting from professional experience of these matters.

Edited

Obviously, compared to your superior knowledge of the whole system of disability benefits, pensions and credits, I am lacking in that direction. I am sorry you felt the need to point that out publicly.

It is no excuse, but I have been in receipt of DLA for decades and it has taken enough effort and stress to live on what I get from that. I was not aware that some benefits lead to means tested benefits and that if you receive one benefit, there is the possibility of having a Credit benefit even if you thought your income didn't qualify you for that.

I do get the Band reduction from the local authority, and very pleased to receive that. I am not sure, though, that even with a disability allowance added to the minimum income level, I would be able to apply for Credit as well. Worth considering though.