Friday, December 2, 2022

Is There An Age Limit For Disability Living Allowance

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Other Help You May Qualify For

benefits old age pension disability living allowance

Means-tested benefits and tax credits

If your child has been awarded DLA it is always a good idea to check if you are entitled to an increase in any means-tested benefits such as Universal Credit, or tax credits that you are already getting, or if you might be entitled to any means-tested benefits that you are not currently getting.

If you’re already receiving any means-tested benefits or tax credits you should notify all of the offices which pay them that your child is now getting DLA.

Note: You can still get the extra amounts below in Child Tax Credit and Universal Credit even if your child is not included in your claim do to the “two child limit”.

Universal Credit is assessed more generously when a child receives DLA. This is because families will qualify for an extra disabled child addition which will increase the amount of Universal Credit they are awarded. If your child is awarded the higher rate care component of DLA, a higher disabled child addition will increase the amount of Universal Credit even more.

Similarly Child Tax Credit can be higher. It means that families will qualify for an extra disability element which will increase the amount of Child Tax Credit they are awarded.

If you get help with your housing costs through Universal Credit or Housing Benefit, getting DLA for your child may increase the amount you are awarded if you are not already getting your rent covered in full.

Getting a benefit check

Exemption from the benefit cap

Motability

Read More About Dla And Other Benefits

Carers Allowance

If your child gets the middle or the highest rate of the DLA care component, you might start to be treated as a carer under the benefits system. This means you may be able to claim Carers Allowance as your childs carer. Or, if you are getting Universal Credit, you can become exempt from having to take any steps to look for any work as condition of your claim.

Carers Allowance can be backdated in line with the DLA award, as long as you apply within three months of getting the DLA decision. If you apply later, Carers Allowance can only be backdated for three months.

Extra tax credits or Universal Credit payments

If youre a family on Child Tax Credit or Universal Credit, youll start to get extra payments for a child whos awarded DLA . Your payments will increase by anything from £29 to £90 a week, depending on the rate of DLA your child gets.

Make sure you tell the Tax Credits Office or Universal Credit office within one month of getting the DLA decision. You should get extra tax credits payments backdated in line with the DLA award.

Income Support

For families still getting payments for their children in their Income Support, getting DLA will lead to extra money being added to your Income Support, known as a disabled child premium . You will need to let the office dealing with the Income Support claim know about the DLA award.

Help with rent and council tax

Exemption from the benefit cap

The Blue Badge parking scheme

Help with getting a car

Higher Rate Mobility Component

You will get the lower rate of the mobility component of DLA if you have a physical disability that affects your ability to walk outdoors. People with severe learning disabilities that have a physical basis may qualify for the higher rate of the mobility component.

The higher rate mobility component of DLA is paid if a person’s disability is severe enough for them to have any of the following walking difficulties:

  • they are unable or virtually unable to walk
  • they have no feet or legs
  • they are assessed to be both “100% disabled” because of loss of eyesight, and not less than “80% disabled” because of deafness, and they need someone with them when they are outdoors
  • they have a severe mental impairment with severe behavioural problems and qualify for the highest rate of care component
  • the effort of walking could threaten their life or be likely to lead to a serious deterioration in their health
  • they have been certified as severely sight impaired and have a visual acuity of less than 3/60
  • they have been certified as severely sight impaired and have a visual acuity of between 3/60 and 6/60 , a complete loss of peripheral vision, and severely restricted central vision

Your walking ability may vary from day to day. It can be useful to keep a diary so you can describe both good and bad days. If you normally use an aid, prosthesis or medication, that will be taken into account.

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What If The Claim Is Turned Down

If the claim is turned down or your child is awarded less than you think they should be, you can ask for a mandatory reconsideration . If this is unsuccessful, you can consider an appeal. Its worth getting advice from a welfare rights specialist.

There are strict time limits for asking for a mandatory reconsideration and for an appeal and its important to stick to them. If you do miss a deadline you can still ask for the decision to be looked at again but you will need to have what the Department of Work and Pensions agree is a good reason for putting in a late request.

You can find information about making an appeal from Advice Now and from Citizens Advice Bureau.

You can find an organisation locally that may be able to help with an appeal on the ACFA website.

Eligibility Criteria For The Disability Tax Credit

My child is turning 16

There are different ways for which a person can be eligible for the disability tax credit . The person must meet one of the following criteria:

  • be blind
  • be markedly restricted in at least one of the basic activities of daily living
  • be significantly restricted in two or more or the basic activities of daily living
  • need life-sustaining therapy

In addition, the person’s impairment must meet all of the following criteria:

  • be prolonged, which means the impairment has lasted, or is expected to last for a continuous period of at least 12 months
  • be present all or substantially all the time

Learn more about the eligibility criteria:

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Increase Of Upper Age Limit For Disability Living Allowance

§ of the Contributions and Benefits Act, for “65” substitute “70”.”)

§ The noble Lord said: Currently, in order to start to receive disability living allowance, a person must satisfy the disability conditions for the allowance and make a claim before his or her 65th birthday. Those over the age of 65 can claim attendance allowance, but this does not have the mobility component and does not have a level equivalent to the lower level of care component. The amendment suggests that older disabled persons should have equal access to DLA and that there should be no upper age limit. Therefore, increasing the limit from 65 to 70 would be an important step in this direction.

Replying to earlier debates, the Minister has stressed time and again the way in which adjustments to our social security system need to be made in the light of changing circumstances. As I have just mentioned, this particular aspect of the DLA arrangements, which the noble Baroness rightly says are very complicated, dates back as far as 1992. As far as concerns age in this context, we must take account of the transformation that has taken place since the time of Beveridge. I believe it was suggested in earlier debates that, on average, a man retiring at what was then the retirement age was likely to draw his pension for about two years or so whereas the period now would be anything up to 15 or 20 years.

§

§ 5.30 p.m.

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I think we must look forward, not backwards.

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§

Exceptions To The Hopa Exemption

Under the HOPA exemption, senior living communities legally can refuse to sell or rent to people who dont meet their age requirement . However, the exemption does not protect these communities from liability for housing discrimination based on its other factors like race, religion, disability, etc.

Additionally, there are some required exceptions under HOPA if a senior is associated with someone with a physical or mental disability. For example, if a senior meets the age requirement for a community but they are the legal guardian of a disabled adult who does not meet the age requirement, the community must make an exception to their minimum age policies for that disabled adult.

To learn more about HUDs senior housing policies and the HOPA exemption, visit the HUD website.

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If Youre Asked To Return Your Motability Vehicle

You should return your vehicle within 8 weeks of your DLA payments stopping – or 26 weeks if you joined Motability before 2014.

You might be entitled to a one-off payment from Motability when you return your vehicle, depending on its condition and when you joined Motability. If you keep your car for 26 instead of 8 weeks, youll get a smaller payment.

If you got a lower rate than you expected, you can ask the DWP to reconsider the amount of PIP theyve decided to give you. You need to do this within 1 month of the date on your decision letter.

You should talk to an adviser at your nearest Citizens Advice before you ask the DWP to reconsider because theres a small chance youll lose what youve been given.

Youll still need to return your vehicle within the deadline while youre waiting for a decision.

You can find out from Motability about returning your vehicle and the payment, known as ‘transitional support’.

How To Prepare For Your Pip Claim

Disability Benefits Workshop on Disability Living Allowance (DLA) for Under 16’s

Many people on DLA will qualify for PIP but it isnt guaranteed. To give yourself the best chance of getting the rate of PIP you need, its worth:

  • looking at your DLA claim forms – the PIP claim form is completely different, but some of the details you used in your DLA claim might be helpful
  • trying to get medical evidence of how your condition is affecting you – you can talk to your doctor and any other medical specialists about this
  • keeping a diary of your good and bad days – use our template diary to get an idea of what youll be assessed on
  • making a list of the details of any aids or appliances you use in your everyday life – you wont have been asked about this when claiming DLA

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Can My Child Get Dla

Any child who has a disability or illness might qualify for Disability Living Allowance , and you dont need to wait for a formal diagnosis to make a claim. It is sufficient that they have some form of disability.

However, you will need to show that your child needs substantially more care or supervision than other children of the same age who dont have a disability or health condition. Any decision to award DLA will be based on how your childs condition impacts on their day to day life.

DLA can be claimed from the age of three months, or from birth if your child has a terminal illness.

It can be paid regardless of whether you are working or not. It isnt means-tested, so it does not matter what income or savings you have.

Your child will also have to meet certain rules linked to their immigration status and the length of time they have lived in the UK. If your child is aged three years or above and hasnt been in the UK for at least 26 weeks out of the last year, call our free helpline for more advice.

Completing The Dla Form

We have put together some tips and advice on completing the DLA1A Child form.

We recommend that you keep a diary for a week before tackling the form. This will be useful for providing evidence of your childs extra needs It will also help you think about all the extra things you have to do for your child and how long this takes.

If possible get specialist advice from a welfare benefits adviser or someone else who is familiar with completing the form. Our national freephone helpline can put you in touch with local help to complete the form. You can search for local benefits advisers by using the Turn2Us find an adviser tool.

A decision on your childs claim will be made by someone who has never seen your child and who may have little or no knowledge about your childs condition. It is important that you make clear all the extra care and support that your child needs dont assume that the decision maker will already have this understanding.

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Effect On Other Benefits

The upper age limit for new DLA or PIP claims means that people with health problems or disabilities which emerge only after they have reached State Pension Age cannot get help through the benefits system for mobility needs. It also means that they are unable to access other benefits which are linked to receipt of the DLA or PIP mobility component, including the Motability scheme and exemption from vehicle tax.

Dla And Pip Age Rules

Am I eligible for housing allowance?

For both DLA and PIP, there has always been an upper age limit for new claims. The age limit for DLA was 65, and this was carried over to PIP when it replaced DLA for new claims from April 2013. The upper age limit is now the equalised State Pension Age for men and women, which is rising beyond 65. Further increases in the SPA are planned ultimately to 68 although the precise timetable is to be confirmed.

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My Child Has Gone Into Hospital What Happens To Dla

DLA can be paid indefinitely during your childs hospital stay as long as they continue to qualify for it and are aged under 18 when they are admitted. Carers Allowance can also continue as long as you meet all the conditions and still provide at least 35 hours of care each week. Some other benefits may be affected so its important to check the rules and keep the offices that pay your benefits informed.

Senior Disability Tax Credits

A senior suffering from a severe and prolonged impairment in physical or mental functions may fit the criteria for senior Disability Tax Credit eligibility. This non-refundable tax credit can help with the expenses of elder care services, disability services, home care services, assisted living, and other forms of elder care.

Disability tax credit eligibility is determined by completing Form T2201 Disability Tax Credit Certificate, which must be certified by a qualified medical practitioner.

For more information on Tax Credits for seniors, .

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What Does Not Count In The 14

Some activities do not count in the 14 hours per week requirement, such as:

  • the time a portable or implanted device takes to deliver the therapy
  • activities related to dietary restrictions or regimes, even when these activities are a factor in determining the daily dosage of medication
  • activities related to exercising, even when these activities are a factor in determining the daily dosage of medication
  • travel time to receive the therapy
  • going to medical appointments
  • buying medication

View the life-sustaining therapy video to help you understand the criteria.

Why Was My Child Turned Down For Dla

Disability Discrimination Leads To Lifetime On ESA Benefits & Disability Living Allowance In The UK

The care needs may not be enough to qualify for DLA. This may of course change over time so you can reapply if the needs increase.

However, in our experience, there could be other reasons why a claim for DLA is not successful.

  • there may not have been enough medical evidence to support the claim.
  • you may not have given the level of detail that is required. For example you might write that your child can get upstairs but fail to mention how this causes pain and breathlessness and how they have to rest frequently.
  • medical or supporting evidence may not give enough detail or may contradict what you have said.

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Which Disability Benefit Should I Be Claiming

If you havent already claimed DLA then youll need to find out which benefit you should claim, as there are different ones depending on your age:

  • If you havent already claimed DLA and youre under State Pension age, then Personal Independence Payment is the benefit you need to look into.
  • If you havent already claimed DLA and youre over State Pension age, then the benefit to claim is Attendance Allowance.

Not sure when you reach State Pension age? You can find out here.

What Is Disability Living Allowance

Disability Living Allowance is a benefit that helps with the extra costs that disabled people face as a result of their disabilities. DLA is not a means tested benefit and is not affected by earnings, other income or savings. As part of its welfare reform programme, the Government is replacing Disability Living Allowance with Personal Independence Payment for working age adults . You can only make a new claim for DLA if you’re claiming for a child under 16.

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If You Earn Money From Work

The DWP dont take any money off your ESA if both of the following apply:

  • you earn £143 or less each week
  • you work less than 16 hours each week on average

This is called ‘permitted work’.

  • Housing Benefit or Discretionary Housing Payments
  • Child Tax Credits or Child Benefit

If you get other benefits, contact your nearest Citizens Advice to check if your benefits affect your ESA.

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