Diasbled 16yo - benefits available?

uglybob

peterg1965 wrote: »

We already claim a reduction in Council Tax by one band and have initiated the process to have specialist adaptations to the house via the DFG (Disabled Facilities Grant - painful process but that is another story). .

Did you know that you can backdate your claim for Reduced Council Tax if your son is a wheelchair user. We had ours backdated by 4 years which totalled nearly £1000! (Profoundly and multiply disabled daughter)

In relation to the DFG make sure everything is absolutely perfect before you sign off the work Once the builders have left it is virtually impossible to get anything changed. Also research anyof the equipment thoroughly yourself, the OT's are not always aware of everything that is out there. At the end of the day when it comes to caring for your son you are the experts.

Also it is worth appealing the decision for DLA as we had our first one approved at the higher rate and then two years later reduced to the mid rate when our daughter had regressed and things had got worse. It is our beliff that DLA is structured towards care of the elderly and there is little understanding of the level of care required (and heartache) for disabled kids.

Good luck!

peterg1965

I have just posted my son's claim for Income Support. Is any claim likely to be reduced because he already claims DLA at MRC and HRM? What happens to Child Allowance, as he is still in Full time education?

Am I also right in assuming he should get the single (disabled) person IS about £45, Severe Disablement premium; about £45 and also the disability premium, about £25?

donnalove

have you applied for ema for your son, as he is staying on at school, apparently it still applies to disabled children. he will continue getting child benifit, But i think you have to tell them.
Also i think he would only get the severe disablement premium if he was on high rate care, so he would only be entitled to the disability premium.

donnalove

suelees1

It's always difficult giving advice in forums like this. There is no definitive answer in cases where young people are disabled as personal circs need to be taken into consideration.

Sometimes it's better for young people not to claim themselves as their parents would lose the child benefit and child tax credits. Alternatively if the parents are high earners and therefore not claiming very much then the young person themselves should claim.

If the latter option is relevant then they are no longer considered to be dependant and in your case you'd have to relinquish your child benefit. Here's a link to some info put on their website by Cambridge County Council which is clearly explains situations. It reiterates what I suggested in an earlier post i.e. try to get a sick note backdated (a med 5 certificate) for 196 days so he will start to get his Incapacity Benefit immediately as this is one of the qualifying conditions for Incapacity Benefit in youth. I'm sure your GP would agree to this. If you don't get one and only get a current sick note (a med 3) then he will be paid Income Support until he has served the qualifying period. FYI Incapacity Benefit is paid at a higher rate then Income Support and is not means tested

http://www.cambridgeshire.gov.uk/NR/rdonlyres/FEE245CD-3EF7-440B-B40A-EFBDDFDD2674/0/DisabledYoungPeople.pdf

suelees1

Sorry I forgot to answer your other query. DLA actually means he will be entitled to more IS and not less as he will have the disability premium included in his applicable amount (the amount the law says you need to live on). He will not be entitled to the severe disabiltiy premium as I assume he is living at home and this will not be paid as there are other adults in the house

Up to 24 yo his applicable amount is £72.10. His IB for the first 6 months would be 61.35 so it would be topped up with IS to 72.10. For the next 6 months his IB would be 72.55 and then after one year to 98.45. As you will see after 6 months his IB is more than his applicable amount so he wouldn't get any IS top up.

Bear in mind that IS is means tested and so payment will depend on whether he has any savings. The lower capital limit is £6000 so if he has less than this he'll get his full entitlement to IS. If he has more than £16,000 he won't get any.

IS is a 'passport' to health benefits. Once his IS stops after 6 months then he will have to complete an HC1 form to see if he can still get free prescriptions, dental treatment etc.

peterg1965

Thanks donnalove,
We will not get EMA, he is still in full time education and my wife and I earn well over the £30K threshold. As far as the IS premiums are concerned I undestand that Severe Disablement Premium is paid to holders of DLA Middle Rate and Higher Rate care, it is 'Enhanced Disability Premium' that is payable only to those in receipt of HRC.

peterg1965

Sueless1, we fall into the high earner category so will only loose Child benefit, we don't receive any WTC or CTC. I received an 'IB in Youth' claim pack but didn't even open it. He is not entitled to IB because he is still in full time education and will be until age 19. I didnt see any cause that exempted disabled people from that. Your comment about not getting Severe Disablement premium is interesting (see my previous comment) but the IS form did not require me to fill in a list of adults (ie Parents) in the house, and neither my wife not myself receive carers allowance which seemed to indicate that this premium will be paid. It is all so confusing (and I have a Masters Degree!!).

donnalove

sorry peterg im confusing the 2.

suelees1

You're right Peter, it is confusing. I've been advising on social welfare law for 15+ years and still struggle with some things

If he's in special needs education then he should get IB. Did you look at the link I gave? Even if he's in main stream education but required much more support than an able bodied person then he also still might still qualify for IB.

The sdp is only paid if there are no other non dependants in the household unless the non deps are also in receipt of a qualifying benefit (MRC or HRC). You and his mum are classed as non deps. Additionally although not relevant to this case neither would he be entitled to sdp if he lived alone but someone was being paid Carers Allowance to look after him.

peterg1965

Thanks Sueless1, I have now filled in the 'IB in Youth' forms and will send off once I persuade my wife to take to the GP to try and get hold of a 'sick certificate' backdated by 6 months. Although, it seems that if i don't bother going down this route he will still get the same amount! Thanks for the link it was very useful and added a little bit more clarity. The supporting notes I received with the IS forms did not explain the sdp rules in the way you state, clearly you are well informed so I shall see what the Job Centre Plus come back with.

I am annoyed that I have received more advice and common sense suggestions on this site than I have, so far, received from the professionals at CAB, SCOPE and the JCP. This is a common theme in my dealings with the welfare state, I applied for the assessment process for a Disability Facilities Grant to begin in Mar 06. The OT finally visited 4 weeks ago and the process will take up to 18 months longer. It is so frustrating and the delays can only be attributed to a dubious set of priorities with the PCT and social services.

If i took as long to pay my tax bill I would probably be sat in Jail!