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Here you'll find advice from parents and teachers on special needs education.

Legal things to do at 16 years with no capacity

4 replies

Lesley25 · 15/01/2024 12:00

My sons going to run 16 in 6 months and has s autism and sld,

I know I want to apply for deputyship for health and finance ( expensive but necessary) before he’s 18, but what do I need to make sure is in place form 16 years old?

He doesn’t have capacity , do I need to set the ball rolling to prove this?

will I automatically become his appointee and is that the same as POA?

bank accounts- shall I create one for him now?

Do I need to register for any sort of universal
credit for him? I know DLA will
cease and I’ll receive a letter asking emotionally for PIP on his behalf but is there anything else I need to do with regards to
NI contributions because he will never have a job.

OP posts:
KeepGoingThomas · 15/01/2024 13:03

As DS approaches 16 you will get a letter informing you of the upcoming change from DLA to PIP and asking if an appointee is required. Then at 16 the change to PIP will happen. Benefits can go into your account if you like or some banks have appointee accounts. An appointee is not the same as LPA or deputyship. If DS’s only income is benefits and there isn’t other capital/property etc. then being appointee will suffice and deputyship for property and finance isn’t required.

For deputyship evidence is required.

Alongside this you should make a credits only New Style ESA claim. In limited circumstances disabled young people can claim UC while in full-time education but limited capability for work/limited capability for work work and work related activity needs to be established prior to the start of the course, which is why you make a credits only new style ESA claim in order to establish it. Contact’s information here and here is helpful.

When/if you should make a UC application depends on if you claim UC yourself with DS on your claim. Some are better off with DC remaining on their claim.

Lesley25 · 16/01/2024 13:05

Thank you @KeepGoingThomas ! Invaluable advice as always.

l will get the deputyship for health first before finance and only attempt that once I’ve got everything you’ve said above as I know it’s expensive.

i don’t claim UC so I’ll have to go into a job centre to start the ball rolling for Ds, I’ll click on the links above also,

Again, thank you very much.

OP posts:
KeepGoingThomas · 16/01/2024 13:40

UC claims can be started online. Because DS is in full time education you would need to establish LCWRA via a credits only new style ESA claim first - you can do this by calling the helpline number mentioned in the second link I posted.

Lesley25 · 19/01/2024 18:06

Thank you @KeepGoingThomas

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