URGENT: Child moving from DLA to PIP aged 16 in Scotland

[52andblue]

My son is 16 next month.
We lived in Scotland until he was 12 but have been in England since Oct 2016. His Dad is in Scotland still and I have a joint property there with him with a joint mortgage.
My son receives DLA for Autism at middle rate care. So, I receive Carers allowance. He will be moved to PIP in England this year.
BUT i want to return to Scotland.
Do I need to do it before his 16th Birthday?
Before his 16th Birthday month begins - ie September - ie Tuesday?
Will it be an issue for me to claim Carers in Scotland if I've not lived there since Oct 2016 even though I have a house there?

Does ANYONE know please?

I cant seem to get an answer from the CAB either side of the Border and benefit lines won't give advice before you have a change of circumstances

I can’t see why Carers allowance would be an issue... as you’d qualify for it or not based on his award, whether it’s the one that replaces DLA or PIP he’s on.

They start sorting which benefit is being claimed 5 months before they turn 16 though, so I suspect that yes, you’d want to do it before he’s 16 - as if you look it up it says if you’re moving and have applied for PIP but not been awarded it you can cancel the application, but doesn’t say you can if it’s been awarded already.

Just my opinion though, I’m afraid

Your carers allowance won't be affected as long as his PIP or DLA is at the qualifying level.
Not sure if they would move him back onto DLA for under 18s if he arrives in Scotland after a successful PIP claim probably not. So if you wish him to stay on DLA until he is 18 then move before you claim PIP

@tabulahrasa
@umberellaonesie

thank you for replying.
I can't now find it but I am sure I saw on FB somewhere (!) ...

a. It was critical that I moved the month before he turns 16 / once he was on the PIP pathway there is nothing to be done?

b. Receipt of benefits wasn't a given unless the parent was returning to live in Scotland for work or study? I am assuming that being unable to do neither as presently a Carer would explain that and not disqualify me (apart from last nearly 4 years have lived in Scotland since 1990)

Could you link to any guidance you have found please?
(I have tried to look but not found it, poss as panicking somewhat)

www.mygov.scot/disability-living-allowance-children/

“b. Receipt of benefits wasn't a given unless the parent was returning to live in Scotland for work or study? I am assuming that being unable to do neither as presently a Carer would explain that and not disqualify me (apart from last nearly 4 years have lived in Scotland since 1990)”

That’ll not be for someone moving from within the U.K. - Carers allowance, well most benefits in fact aren’t devolved at all, it’s no different to moving house within England.

Ah THANK YOU @tabulahrasa !!!

(i think it was something about the Scottish Govt getting more control over things back in April and being concerned about 'benefit tourists' hopping over the border type of scenario, but as I say it was a FB type thing and I wasnt sure how much truth there might be in it)

It's very hard to navigate a system that 'will give no advice until you have made the change to your arrangements' so you end up asking on SM

We are defo on the PIP pathway as they wrote and asked if the DLA is to go into his account after age 16 or stay via mine as he has problems managing his money (he does, so I applied for it to stay as is and got paperwork back for that)

but it does look in that link as if we could choose to stay on DLA if we move to Scotland shortly as long as it is before PIP decision given (not had to reapply yet so probs have a few weeks grace)

Does that sound right to you ? (sorry to be rather needy)

As I am hoping to move by half term (6 weeks) rather than today so it would be good to know that that wouldn't screw up his chances of staying on DLA until he is 18 - it's not the most important part of the decision but it IS a part of it as if my Carers and IS is linked to this it means I can be at home for him / around at night times when he needs it (ASD sleep issues) and not have to try to get up and work next day too.

OK.
Scotland is moving children from dla to the Child Disability Payment which lasts until 18.
Ideally you want to have your child registered up there a good few months before 16,so that his information is transferred from dwp England to Scotland and then to the new agency dealing with this new benefit.
If you don't and he falls in pip, it maybe difficult to actually get the same level of support, as many do when moving from dla to pip, but also there could be and i don't know as its Scotland, rules that mean you can't backtrack to the new benefit once a claim for pip has been made, similar to how uc is.
My advice, move ASAP.

Please don't worry about pip, lots of bad press but if you get middle rate dla you should qualify for standard pip I've done two pip claims successfully for autism. Surely moving his school mid GCSEs is more of an issue as the Scottish system is so different, even if he's not taking qualifications, he'll be on some kind of sen pathway

I’m reading it as it might not be as easy to switch back if PIP is awarded, but I don’t know that, just to be clear

But most benefits are centralised, it’s the same systems, the same offices in fact, lol, so I wouldn’t panic about moving affecting your entitlement to Carers allowance - it’d still just be linked to what your DS is awarded.

thanks @tabulahrasa

It seems clear that he'd have a better chance of his DLA cont until 18 in Scotland (and thus my CA which allows me to give him the support he needs) I am just worried about that Sept 1st date and whether that means after that is no good or after PIP awarded* (and we are on pathway but no application requested or made yet).
I have called up benefits and no one seems to know / or will say

You need to not apply for pip at all and to move to Scotland before the end of your son's current dla award. Preferably with sufficient time to allow a renewal and not a period of discontinued dla.

Hi @SoloMummy
We've not applied for PIP yet no.
Just had paperwork through to ask if payments still to be into parents account when turns 16 (next month).
His DLA is currently awarded until the day before he's 17 (Sept 2021)
but heard that they will contact you 'in the 6 months after he turns 16, so could be before that ?
Not had PIP paperwork through yet.

No the dla will run out and he'll be required to apply for Pip as from 16 the disability benefit is pip. So in effect unless move ASAP as in now or if lucky before half term, you're going to miss the boat. However, if he receives pip you can still claim carers allowance, however, you'll be required to move from IS to UC, when he's no longer in education.

@SoloMummy

so if I move before he is 16 (in 4 weeks) that would be ok?

(does clock start tomorrow as that is beginning of his bday month :0)

I emailed CAB but they said it is the same in scotland and england and nothing is devolved but scot.gov says different so its confusing

do you have to notify the actual day you move or can it be before / after by one day, does anyone know?

Ugh, sorry lots more Qus. have poorly child at home, feeling rough myself and brain just NOT working, sorry

The dla change in Scotland is really recent from this month. So cab may not be up to date.
If his birthday was say 31st September and you've moved 30th and immediately let everyone know then he should be covered under Scotland not to move to pip. If say moved 10th October then they may well already have started to wind down the dla claim, usually there's grace, but given the 16y cut off to avoid issues I'd move ASAP.
Is he in a special school or taking exams this year?

@SoloMummy
His birthday is on 28th.
I'd aim to move by, say, 25th to give a bit of leeway.
He's in Y10 in England and would go into S5 in Scotland.
He's not in a special school no and no ehcp.
But diagnosed with Autism, and Anxiety and Dyslexia.
He is having a horrendous time with bullying and gets no support for SEN so a move, thought the timing is just awful, might not be as bad as staying :(

so he'd have to abandon his GCSE's and start Nat5's - not good :(

However if you could move now and you think he'd benefit, then he'd presumably do better educationally?

Have the schools local to your home got spaces?

Also beat in mind that they went back 2-3 weeks ago if moving to avoid any larger gaps.

If you own the home, is it really only furniture lorries holding back the move?

Yes.
He's got a couple of medical appointments in next 2 weeks that I'd like to get out of the way then we can go (and I could double check school spaces / subject spaces and book van meantime so no delay)
Difficult if he has to go back here till then but I think the GP might sign him off (though I have a younger one who he wont I don't think but would give chance for a couple of transition visits maybe? tbh they could both do with a phased return as both have ASD and younger one was 50% attendance last year due to school anxiety - signed off by GP ) it would give them a few weeks to settle before the scottish half term.

I also think that the Scottish Govt will handle any exam disruption better than the English one over the coming year which will help them too

I've finally had the medical appointments so can move now.
Am just discussing with School if they can make the accommodations that the Consultant recommended
After nearly 2 hours on the phone to DLA they say I must move before his 16th b'day but 'it might already be too late but they can't tell me before I move'. That is pants.
I think that if it is before his actual b'day and I can prove that then even if his DLA is paused for a couple of weeks to play catch up then it should be okay but who knows ? :(