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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:
Sirzy · 24/07/2024 17:09

AmberFawn · 24/07/2024 17:06

Do you claim DLA? I have done for the last ten years for my child, including a renewal last year. You get a separate agreement you sign and send back as the administrator of the child’s benefit outlining your responsibilities, which include parts on what it should be spent on. If you’re actually claim you should probably remember that bit.

I have never had to sign something and send it back (ds been getting DLA for about 10 years now)

I have filled in the form, had a letter to say I am the nominated person and then the decision and that’s it other than letters about Christmas bonus (ha!) and new years rates.

Goslingsforlife · 24/07/2024 17:10

AmberFawn · 24/07/2024 16:56

If you’re found out to be saving it and not using it it could well be taken away based on the evidence you don’t need it. Do apply because as PPs have said, it’s a gateway to other things that will help your child. But use it

you spend DLA as you see fit and nobody audits how you spend it. Your response is just bollocks.

Alltheyearround · 24/07/2024 17:11

Simonjt · 24/07/2024 16:48

DLA/PIP is not means tested.

The Camerons rightly claimed DLA for their son. It isn’t just the small amount of financial support, DLA/PIP can open other gates such as a blue badge, carers passes for public transport, attractions, theatre shows etc.

My husband claimed PIP, his disability was fairly pricey, but he needed PIP to access support where you had to be in receipt of PIP to gain that support. Due to his particular disability he needed his proof of PIP to gain a freedom pass, during covid it meant he was a priority for online shopping etc.

Where we used to live children in mainstream school could only gain specialist transport if they had DLA, an EHCP alone wasn’t enough.

Transport for children with SEND isn't legally measured by whether they get DLA or not. It is not connected and could be challenged under the law.

It may be a local policy but it has zero to do with actual law around nearest suitable place of education, in England at least.

Just in case this example puts anyone off applying for transport where a child or YP has an EHCP.

SENTAS will give you all the info needed around the legality of LA claims. LA's are notorious for this kind of thing as a money saving device and it's like red rag to a bull for me. It flouts the law designed to protect the rights of children with SEND.

BrumToTheRescue · 24/07/2024 17:12

Where we used to live children in mainstream school could only gain specialist transport if they had DLA, an EHCP alone wasn’t enough.

This is unlawful.

MouseMama · 24/07/2024 17:12

Yes you should claim it. It’s a modest tax break for someone like you to recognise the some of the expenses of having a child with additional needs.

Goslingsforlife · 24/07/2024 17:14

AmberFawn · 24/07/2024 16:58

DLA do sometimes audit people and ask for proof of what the money has been spent on. As part of applying for the benefit you agree to keep proof of what you’re spending it on. I know it’s unlikely most people will religiously but just be aware.

how is this going to work? Most people I know spend it on general households expenses as usually at least one parent has to reduce working hours or give up work. Do you keep the Tesco receipts?

YellowAsteroid · 24/07/2024 17:15

Benefits are a safety net. She may need a safety net when you are no longer able to help her, but do you need it now?

Branleuse · 24/07/2024 17:15

The whole process is so stressful. If we had 300k a year, I wouldn't bother

Topaz89 · 24/07/2024 17:16

YANBU. It’s her money if she is awarded it. It doesn’t matter how much money you have. You could have millions in the bank and if she meets the criteria she would still be entitled to the money. Why shouldn’t she have an extra bit of money to make her life a little bit easier on top of the money you bring in?

BestZebbie · 24/07/2024 17:17

It is worth claiming if eg: you earn 300k but your DH can only work very part-time as your DD can't do wraparound on top of attending school. He could then use it to apply for Carer's allowance to top up his NI contributions during these years.
(Or if you both work, someone else on this thread might find that info useful)

Mrsjayy · 24/07/2024 17:17

The savings thing is so you don't open up a specific account for DL A and save it for years and years for flat deposits or whatever.

Puravida23 · 24/07/2024 17:19

TriesNotToBeCynical · 24/07/2024 17:06

Does that rather arbitrary explanation of the "benefits system" mean you will be refusing your old age pension?

Who knows if I will make it to my pension. I have not claimed any benefits to date. But having worked for 36 years and still another 9 years to go. I will have more than paid my share of NI to justify taking my pension and unfortunately I don’t earn 300k (or anything close to that).
I don’t agree with a lot of the pension benefits though like cold weather heating subsidies for pensioners who can afford it I think benefits like these should be means tested and would happily opt out of those and anything similar if the option was there

BrumToTheRescue · 24/07/2024 17:19

DLA do sometimes send out a review of appointment form to sign saying you understand your responsibilities. Also gives you a box to write in if you don’t understand something, want to ask something or want more information.

neverbeenskiing · 24/07/2024 17:19

YellowAsteroid · 24/07/2024 17:15

Benefits are a safety net. She may need a safety net when you are no longer able to help her, but do you need it now?

No, some benefits are intended to be a safety net. This one isn't, hence why it isn't means tested. This particular benefit is supposed to address the extra costs that come from having a disabled child.

Simonjt · 24/07/2024 17:20

YellowAsteroid · 24/07/2024 17:15

Benefits are a safety net. She may need a safety net when you are no longer able to help her, but do you need it now?

Only means tested benefits are a safety net, DLA/PIP are not. Yoy can improve your lot via training to get pay rises etc, you can’t train yourself out of your disability.

Inthemosquitogarden · 24/07/2024 17:21

I have claimed it successfully for both dc in the last, middle rate so I also got carers allowance. Our income has increased to yours and now I don’t claim. Didn’t sit right with me. Just a personal view. You’re entitled to it, it’s not like you’re scamming anyone (which I would take a very dim view of)

mitogoshi · 24/07/2024 17:21

If your dd is mainstream educated it is not a high chance of it being awarded unless she has other disabilities too. My dd had it at some points then was denied it and went to appeal - I only applied really because it's a gateway benefit for other services including 1:1 subsidised swimming lessons essential due to seizures. Without the second disorder I don't think she would have qualified

SwankyPants · 24/07/2024 17:23

Yes claim, it's for your daughter.
Also, as a side note, please look into creating a trust for in your will. If you leave money direct to her the Government will take their share back and it could make it difficult for her to claim possible benefits she might need.
Mencap have advice on this, you will need a specialised solicitor to set this up properly.

BrumToTheRescue · 24/07/2024 17:24

It is incorrect to say there is not a high chance of being awarded DLA because DC attend a MS.

Parents may have to request a MR and possibly appeal, but that is also sometimes the case with a child in SS.

ChimneyPot · 24/07/2024 17:24

There is nothing wrong with claiming a non means tested benefit for your DD if she qualifies.
I see it a bit like sending your child to state school even if you could afford private or using the NHS for treatment if you can afford private care.

CasaBianca · 24/07/2024 17:25

Nappyvalley15 · 24/07/2024 16:27

Doesn't sit right with me. Unless the extra costs are really excessive I think you should cover them yourself with that level of income.

But where do you draw the line?
For ex imagine I receive £500 a month in benefits/tax credits etc. and I spend £200 an month on holidays, make up, days out, etc does it mean I should ask my benefits to be reduced by £200 as I could afford it?
DLA is not supposed to supplement income, it is specifically for the extra costs from disability. These costs are the same regardless of your income.

CutthroatDruTheViolent · 24/07/2024 17:25

Honestly? Regardless whether you're entitled to it I'd think quite poorly of someone claiming this in your position.

And yes I know there are people not paying taxes who should yada yada yada Hmm I think poorly of them too. I also think poorly of benefits claimants who are scamming the system.

Jellycatspyjamas · 24/07/2024 17:26

As part of applying for the benefit you agree to keep proof of what you’re spending it on.

I’ve never been asked to agree to that and have never been asked to prove how I’ve spent it - what utter nonsense.

zzar45 · 24/07/2024 17:27

@AmberFawn If you’re found out to be saving it and not using it it could well be taken away based on the evidence you don’t need it.

Nonsense! There’s a reason it’s not means tested. People who claim DLA for their child are still allowed to save. Plus who’s to say she’s saving £500 from the DLA and not from her income?

Goslingsforlife · 24/07/2024 17:27

Mrsjayy · 24/07/2024 17:17

The savings thing is so you don't open up a specific account for DL A and save it for years and years for flat deposits or whatever.

on the other hand, if she cannot work and has a certain amount of savings, she will not be able to claim certain benefits for herself such as UC

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