50/50 custody and DLA

[SecretsSecretss]

It’s likely that our son will be with me a lot more as I’m his carer on carers allowance. It’s likely to be 60/40 or even 70/30. What to do about DLA? High rate for both care and mobility. Ex talking about splitting his DLA down the middle. Ex drives our son’s mobility car which is in my name. I don’t drive and I am our son’s primary carer. Thanks!

Is your Husband a named driver on the car? If not he should be added.

It would seem reasonable to split it however your sons time is split eg 70:30, but you may have good reason for not doing this. What do you think would be fair?

He can't keep the vehicle can he? It's for the child not the parent

Will he need to spend anything on your DS's additional needs during his time? What is the income disparity?

I'd be tempted to bargain that you keep all DLA in exchange for him getting the car but more info needed I think. I assume his income will be higher due to you taking on the caring for your ds.

Give up the dla mobility car and use the money for transport as needed.
If DS lives with you for 70/30 or 60/40 then the car can't be at dads address which is different to your DS. Thee are also rules around using it for work - it could not be argued that using a mobility car when DS is with you is for the benefit of DS.
Easier to have the £ and share 70/30, 60/40 but only if you decide to. With that split of contact there is no legal requirements for you to share DS DLA

His income-£47000
mine (when I return to work) £12000

I only work 3 days per week to be there for DS and can’t work more than that due to his high needs.

Yes he will need to purchase various items even though he would only be there for 2 nights etc. He needs specialist items and can damage items of furniture/destroy items which we’ve had to use DLA to pay for.

You keep the DLA. I’m going to go out on a limb and say it doesn’t cover even half of what he actually needs.

Your income won’t be 12k. That is your salary. You both need to look at your net incomes which takes account of deductions and benefits.

You will be entitled to universal credit disabled child and carer elements on that wage. I agree you should give up the car unless you intend to learn to drive or it’s only going to be used when your child is in the car. I would probably try and keep the DLA but offer to buy any disability items needed for the other house. You could put it in a separate account so there’s transparency how it’s used. Use a benefits calculator like entitledto.

Send the car back and use the money for transport. I would not want to be tied to someone and realistically if it’s 70/30 he should not be in possession of it. It’s for your son’s benefit not his.