Claiming benefits

A question about : Claiming benefits

I'm reluctant to make this post, because I'm sure it must have popped up before, but if it has, I can't find it.

It's just to say that if you are the parent of a child with special needs, then get stuck in now to the benefits system, as soon as possible.

In order to do this, the most useful thing you can have is a formal diagnosis of your child's needs.

This diagnosis may well allow you to firstly force your LEA to statement your child, which means they are legally forced to offer you the educational environment that is most suited to your child's needs - which may involve extra help in a mainstream school, or more specialist help in a special school.

Once you have a formal diagnosis, it will make claiming any benefits your child is entitled to much more easy. Since these benefits will last a long time, the sooner you claim, the better.

Lastly, although I could go on for ages about this subject, the most important thing is to get your child into the system as a child - there is, within the NHS, so much more help for a young person under 18. Once they become an adult - post 18 - everything changes, and much for the worst.

Anyway, I'm sure many people reading this will already know most of this - what made me post was recently meeting parents whose children have suffered a miserable mainstream school, and have now been abandoned by their LEA.

Best answers:

• The details for making a claim for DLA are here
  Disability Living Allowance (DLA) for children under age 16 and you should note the age at which a young person is considered adult enough to manage their own DLA claim is 16 and so will not be surprised that this is the point where the number or DLA claimants is significantly reduced.
  While I fully agree with the previous poster that having a formal diagnosis makes a DLA claim more straightforward everyone with a child should be aware that DLA is not Diagnosis dependent but driven by the care needs which that claimant demands or the virtual inability to walk or the need for supervision and guidance when walking. For many children under 3 consultants are reluctant to give firm diagnosis for many conditions, yet the care needs can be considerably more than a non-disabled child of that age, so a DLA claim is justified even though there is no firm diagnosis to support it.
  So while I agree that pushing for a diagnosis as early as possible is worthwhile you shouldn't IMO delay a DLA claim until this is obtained.
  Edit: The basis for my statements about the priority which should be given to the disability and care needs rather than the formal diagnosis of the medical condition, comes from CDLA/1742/2004. A diagnosable medical condition may give rise to a disability, but entitlement to DLA is dependent upon a claimant's inability to cope with care and mobility without assistance and with his consequent reasonable care and mobility needs; and not upon the diagnosis of any medical condition.
  That is not say it isn't prudent to pursue the getting of a "label" diligently, in order to make best use of the support systems which are available.
• Cheers, Ted - you are a mine of information on the details of these things.
  It's also important to know that not all benefits are income related, and some are paid directly to the child.
  The other thing to realise is that once you have made a successful claim, it will often stand (if the claimaints condition remains stable) for a long length of time - so it's not just, say, and extra Ј10 a week, but maybe Ј520 a year for maybe 10 years - so taking the time to fill in the reams of paperwork isn't done for the tenner, but the possible Ј5k - which has to be worth it.
  Finally, once you've applied for the forms, you'll find they almost seem designed to put you off filling them in - I know a number of people who just can't bring themselves to spend what may well be an afternoon doing the job, for all sorts of reasons - not least because if you're having to cope with the demands of a special needs child, the last thing you feel like (or have the time for) is filling in bloodly forms.
  If this feels like you, just see if you have a local "Parents in Partnership" group. They will almost always have someone who has been in a similar situation to yours, and will be happy to come round and help you get the paperwork done. You'll also find they can be more objective about your situation, and really help add detail to the application. From personal experience, coming from a "Middle Class, Pull Yourself Together" background, it's taking the first steps that are the hardest, as you feel you should be able to cope.
  My feelings go out to those of us that are less articulate, often with children that have even higher levels of need, who aren't aware of what is available. Much of the benefits system seems to work on the "Shouting loudest and best principle", rather than on the needs of the child.
• I can't find the decision I quoted earlier online however this one covers the same ground and is more recent.
  CDLA 1721 2004
• I cannot emphasise how imperative it is to "claim early, claim often, appeal loudly"
  The system is designed to pay generous benefits to those who genuinely entitled to it. My wife is severely disabled, and claims Incapacity, DLA, Tax Credits and Child Benefit. Her income, in BENEFITS alone, exceeds Ј11,000 a year. But to get to this level, we had to fight tooth and nail against staff who are so jaded with the fake claims that they cannot spot the wheat in thew chaff.
  I am happy to assist anyone with benefit claims, appeals etc.
• Hi all
  Following on from another thread in the last few days I've been impelled to try to claim Attendance Allowance (again). I had to smile at the comment about 'middle class pull yourself together' syndrome.
  I'm presently awaiting the third surgery on left hip - seond revision of hip replacement. We're a happily-married couple aged 70, we're not poor, both receive income from pensions and annuities in our own right. I had the first revision of replacement just after we got together in 1997. I don't know what I'd do now if we weren't together. Maybe I'd be like Lyndsay21's granny in the thread headed 'What can she get?'
  We've done everything for ourselves up to now. Took the decision to have the bathroom completely re-done, shower unit, tiling to walls, grab-handles etc. Because of my hips and B's knees (he's had both knee joints replaced) it wasn't safe to keep climbing in and out of bath to have a shower. If we hadn't the car I'd be almost housebound, because I can't walk as far as the bus stop. We don't qualify for any benefits, we live simply but well, and we're happy. But, but...I thought about this. Lyndsay's granny has had a complete shower room (wet-room) built on for her, at no cost to herself, and she doesn't use it! She has people come in twice a week to wash her. She goes to a day centre twice a week where she could have a bath but doesn't. I can't imagine not having a shower every morning, I'd feel awful, and you wouldn't want to get within smelling distance of me!! However, I do rely a lot on my husband being around - I just feel a bit safer stepping into the shower knowing he's within earshot. Writing down the help that I need isn't that easy. However, I can but ask. I downloaded and printed off the forms, sent them off to Wembley yesterday.
  Will just have to see.
  The unjust part is, once you're over 65 the criteria change. When I first needed hip replacement back in the 1980s I got Mobility Allowance (as was then!) I was told by a CAB Benefits Adviser that the reason you can't get that past 65 is because it's assumed that you won't be mobile anyway. Same with help with cooking a meal in DLA - after 65 'you could always have meals-on-wheels, couldn't you'! Well, no, I wouldn't want meals-on-wheels!!!
  Margaret
• Hi, you're right, Ted. I wasn't even 50 when I had the first hip replacement, and BTW, this is not age-related, it's due to a familial bony abnormality resulting in early wear on the hip joints. My daughter has had both hips replaced when she was 35. I don't know what benefits (if any) she gets - as she used to work for a local authority disability advisory service I would presume she's well aware of everything. You're right, the hip replacements restored my mobility, but they (especially the left one) have needed revising, during which time I passed the magic 65th birthday!
  I don't know whether this present AA claim will succeed - I'm due to have a second revision later this year and hopefully that will improve my mobility. I hope so - but the AA people may say that my present disabilities have to be permanent. There is a risk with a second revision i.e. third reconstruction of the same hip, it may not be successful, I've been warned about all the drawbacks. But I don't have an option - I don't want to live as I am now. I couldn't possibly imagine living like Lyndsay21's grandma - heaven forbid!
  What I really want to do is to get back to driving (at present left leg is shorter) and to do another Dawn Chorus walk next May Day. 3 miles around the woodlands at 4 am!
  Margaret
• I Have Applied Today For Form To Try And Claim Dla For My Son Whohas Been Diagnosed With Adhd And Has A Record Of Special Needs .so Will See If I Can Claim It Or Not.
• Hi,
  We got turned down in our first attempt to get DLA for our deaf daughter (they said she had no extra needs than a normal hearing child) , so I wrote a letter explaining minute by minute what happens in her day and why it is different to that of a hearing child. I also gave details of the 4 hospital appointments that week - photocopied the hospital letters and sent them too. The decision was soon changed to award her DLA. I know a lot of parents of disabled kids who gave up when they were first turned down. Don't give up - keep on at them if you believe you are entitled!
  Good luck.
• If your DLA was refused recently, that is to say since the 8th of June, you can APPEAL the decision.
  The alternative to appeal is RECONSIDERATION. However as less than 10% of decisions are changed before appeal, and as the DWP reconsider all cases anyway before appeal papers are prepared, it seems to me a total waste of time asking for a decision to be RECONSIDERED.
  I think you may be best advised to discuss you DLA claim with a Welfare Rights Adviser CLSDIRECT as I am not certain that a foot fracture would be expected to have lasted for 3 months before the claim and continue to be a problem for a further 6 months. DLA is for long term permanent conditions and not temporary problems which usually heal within weeks.
  If I have misunderstood your post and you are left with a PERMANENT injury which makes walking outdoors without severe discomfort virtually impossible then APPEAL is the best option but I'm sure your local Welfare Rights office will be best placed to guide you through the process.
• Thanks for this thread, and thanks to Ted and Benefits Master for the useful advice.
  I recently applied for AA not really thinking that I would get it (see my earlier posts #9 and 11 in this thread).
  Much to my surprise I received notification this morning that I've been awarded the higher amount of AA for 2 years.
  As this is not means-tested and not taxable it doesn't affect (nor is it affected) by other forms of income I already receive. In addition, under the Warm Front scheme we could get a grant of up to Ј1500 for when we plan to replace the gas boiler for a more efficient model.
  AA at higher rate is Ј60.60 a week, to be paid along with my 4-weekly SRP. I intend to save up the money so that we can replace our present car (Ford Fiesta, manual gearbox) with one with automatic transmission.
  Thank you, Ted!
  Aunty Margaret