5.1.4 Disability Living Allowance |
SCOPE OF THIS CHAPTER
This chapter gives guidance to Foster Carers and Residential Settings regarding Disability Living Allowance available to disabled children.
This chapter is new for November 2008
Contents
1. Guidance
Disability Living Allowance (DLA) is a Social Security benefit available to disabled children who require help with personal care and/or supervision over and above that of other children of the same age because of their illness or disability.
The DLA benefit contains both a care and mobility component and is paid at different rates according to the child’s needs. DLA care component is paid at a low, medium or high rate and may be payable to a disabled child from the age of 3 months once the child’s needs have been assessed. The Mobility Component is paid at low or high rate, i.e. higher rate from aged 3 and lower rate from age 5. Some children will receive either one or both components. (There are Special Rules arrangements covering when a child is terminally ill and payments can be made from birth)
Any adult, i.e. including a foster carer, can claim DLA for a child with severe physical or mental illness or disability if they need much more help with looking after than other children of the same age, because of the child’s illness or disability.
Where a child is placed in a residential unit, DLA may still be paid, however the care component may be withdrawn.
If a child is in receipt of DLA, prior to becoming a looked after child, the child’s social worker should be involved in discussions with the parent concerning transfer of the DLA to the foster carer. The parent must notify the Department of Works & Pensions (DWP) that the child is no longer in their care and the foster carer advised to make an application to receive it. In the same way if a child moves from one foster carer to another the foster carer must notify the DWP.
The same guidance should apply where a child moves into a residential unit.
DLA is paid to the child not the carer. Normally if the child is under 16 the carer acts as an appointee. Otherwise the young person, providing they are capable, can have the benefits paid to them direct.
There are no conditions laid down by the DWP as to how the money should be spent. It is intended that the money be used to enhance the child’s life so that the child derives maximum benefit from the payment of this benefit.
Foster carers should arrange for DLA to be paid into the child’s bank account and process transactions in the normal way. Where a child is placed in a residential unit normally any DLA payments would be paid into Dudley’s own Finance Department.
The money is not intended to be saved for the child for use in later years as this could result in them being penalised. For example if there is more than £3000 in an account when the child returns home this could affect any benefits claimed by the parents. For a child reaching 16 a sum of more than £3000 could affect their claim for income support and housing benefits.
The child’s social worker must be involved in discussion on how the DLA can be used to improve the child’s life and is responsible for monitoring the way the money is spent. Carers should retain receipts and record how it is being used for the benefit of the child.
Scrutiny of the money process to ensure that the DLA is being spent appropriately is the responsibility of the child’s social worker, supported by the family placement social worker. If there is evidence that the DLA is not being spent on the child it would be appropriate to make another adult the appointee. This would need to be considered by the appropriate Area Manager.
2. Examples of how the Money can be Spent
- Activities that are costly e.g. horse riding, after school clubs etc.
- Provision of an escort to enable social events to be attended
- Extra helper for an outing or holiday
- Taxi fares for trips out
- Special holiday for the child, which could include covering the family’s expenses
- Caravan expenses so that the child can have regular breaks in a familiar place
- Extra support such as child sitting service, using individuals who are CRB checked
- Individual equipment such as computer, communication aids
- Laundry service and & appliances
- Replacement clothing where there is excessive wear and tear on clothing
- Additional heating costs
- Additional help with personal care
- Anything that will improve the child’s life
End