UC, SEN DC and Working

[DesperatePanda]

I really hope someone can help as I'm so desperate. Will try to explain as best I can.

DS is 14, diagnosed as autistic. Also severe anxiety and sensory needs. Attendance at mainstream secondary is about 10%. Hasn't been properly since just before the first lockdown. Took school a year to put things in place for him, but nothing works. Meeting yesterday with school and LA. They said if attendance doesn't improve by September, they will have to begin prosecution proceedings.

I gave up my relatively well-paid job at Christmas. Partly because of the job itself, but also because of the stress of what's going on with DS. I'd already been off sick for a couple of months due to this.

I now work as a freelancer and contractor (out of the home), but not sure how much longer I can even do this for. Today I was meant to be at work, but DS couldn't get out of bed and after yesterday's meeting, I just wanted to try and get him to school. I was looking for a work-from-home job with flexible hours, as at least then I'd be at home and could make sure DS gets to school, but I'm not even sure I'd be able to concentrate on anything.

My questions are... How would I state my salary when applying for UC if it changes so much? I will get virtually nothing over the summer holidays (supply teacher/tutor). Do you think it would be better for me financially to try and work part-time from home or not? What if I just do an occasional bit of freelance work? Not sure how that affects things.

For info, also live with DH and another DC. DH works full-time and earns an OK salary, but we have a high mortgage (not able to reduce as we've only fairly recently moved). Going to apply for DLA too.

Sorry for the long post, but I'm so worried about going to jail. I really am not in a fit state to work, but we desperately need the money. Thanks for any advice.

I'm sure someone more knowledgeable will come but I think you need to register as his carer.

Thanks. OK, I'll look into that. I feel like I should know all this, as we applied for DLA for my DD and also carer's allowance, but it was 10 years ago now. I think I'm so stressed I can't think straight.

Depends on his wages if your entitled to anything or not

If your freelance or self employed you self report your wages each month plus deductions (its complex as they have a different allowance to hmrc) if your employed it just goes off whats reported to hmrc monthly

OK, thanks, that's helpful. I'm employed and self-employed. I think it's going to be complicated.

Have you put your details into the benefits calculator? Entitled To is the one I always use. I'm in a similar situation to you but children now in a special school so it's getting easier. Hang on in there! It'll get better.

Thank you @stilllivingontheedge . I have just discovered the calculator, so will look at that later. Glad your kids are doing OK. It’s so tough isn’t it?

Whether you can claim any UC will depend on your dh's salary. Once your Ds is awarded DLA this tend to bump up any Uc award significantly with the additions of the disabled child element and a carers element for yourself. there is no specific help with mortgage costs on Uc but you do get a higher work allowance when you have a mortgage - this is an amount which is disregarded from earnings before earnings reduce your Uc. I think you would need to try the benefit calculator with a few different scenarios - maybe your best and worst months wages. If it comes back with no entitlement currently then just try again once the DLA is awarded. On Uc if earnings are variable then it will adjust itself each month.

I get Severely Disabled Child Element of UC, which is almost the same as the DLA payment itself, and it comes to a not insignificant amount of money for me, as a lone parent who simply cannot bloody work right now.

You shouldn’t be prosecuted. Are DS’s absences being recorded as authorised? They should be. If they aren’t you need to challenge this. The LA should also be providing alternative education under s.19 of the Education Act 1996. Are they? This should have begun when it became clear DS would miss 15 days. Does DS have an EHCP? If so, you need an early review. If not, you should apply.

If you are self employed you will report your earning to UC monthly. If you are successful in applying for DLA you will get a disabled (or severely disabled) child element and carer element on UC and you can claim carer’s allowance (I am presuming you no longer receive it for caring for DD?). It is deducted £ for £ from UC but it is still worth claiming. Once you are recognised as a carer you won’t have any work commitments.

Thanks all. Some useful info. I will definitely look at the calculator.

@LargeLegoHaul We are in the process of an EHCP assessment. They refused initially. I have also contacted the LA with regard to Section 19. They're not replying. I will keep on at them. I will check, but I don't think his absences are authorised as we don't have medical evidence, despite the GP and consultant who diagnosed him with autism, saying his anxiety is preventing him from accessing education. I'm going through the paperwork again tonight, as writing this down, it seems ridiculous that they won't accept it. I tried the out-of-school education service too and they said it wasn't sufficient.

No, I'm not claiming anything for DD now and haven't for quite a few years. Thanks for explaining about the self-employed reporting.

For s.19 provision, email the Director of Children’s Services threatening Judicial Review. Usually the threat works but if it doesn’t contact SOSSEN for a pre-action letter. You don’t need medical evidence, although you have GP and consultant evidence. The provision should have begun once it became clear DS would miss 15 days, the days didn’t need to be consecutive or already been missed.

Do check how the absences are being recorded. If they are unauthorised, email whoever is responsible for attendance at the school requesting the absences are authorised. Add in that the regulations (Education (Pupil Registration) (England) Regulations 2006) make clear where a pupil is absent because they are unable to attend due to their medical needs the absence must be regarded as authorised. Also include the DfE’s attendance guidance states unless the authenticity of the illness is genuinely questioned the absence must be authorised. Include both the GP and consultant are of the opinion DS’s medical needs and SEN are preventing him from attending school full time. The school should have also advised you they were recording it as unauthorised.


Go on to say that as DS is not receiving an alternative education under s.19 of the Education Act 1996 and an EHCNA is only now underway the school and LA could have done and still can do more to support DS with his needs arising from his disability. Finish by giving them a reasonable deadline to reply. Copy in the SENCO, headteacher and LA’s Director of Children’s Services.

Make sure the LA are sticking to the EHCP statutory timescales.

Thanks so much @LargeLegoHaul . It's knowing the right words to use. I emailed the Director of Children's Services again last night, so if I still don't hear from them (has been more than the 10 working days they said it would be), then I'll threaten a Judicial Review. Appreciate your help.