foundation degree course affect DLA.

pollypee

my DD is doing Art and Design foundation degree at college, she went to a special school from year 7 -11 and on her statement ts said moderate learning difficulties and conduct disorder. I got told that being assessed as having moderate learning difficulties at school translates to mild learning disabilities in adulthood?

She gets mid rate care and low rate mobility DLA and I'm her appointee, I got told its easier to claim disability benefits if I'm her appointee it looks better on the forms? She is difficult and has something called encopresis diagnosed by camhs when she was in foster care at age 9 for a short time although she has improved largely but she still has difficulties. She also used to hang around the estate drinking and being abusive to people that's why she has the conduct disorder diagnosis too.

I'm about to lose my child benefit because she's nearly 20 and I'm worried that if she continues the course they'll think she is mentally okay because it's quite high level and she already has a student loan which she bought a moped with to get to the course. Can I put a claim for ESA for her or would the foundation degree course look bad when in reality she still faces many difficulties about her mental health and learning disability?

Polly.

Tommo1980

You can claim but the student loan will be counted as income.

To be clear you should be claiming based on her needs. If you think she qualifies then put in a claim.

The same is true of being your daughter's appointee. There should be a genuine ongoing need. You should not continue in that capacity if it is done just to look good on paper.

Tom

[Deleted User]

if she's able to manage a student loan, make large purchases and attend a degree level course it's highly unlikely she needs you as appointee and yes the DWP would think so too.

kingfisherblue

pollypee wrote: »

my DD is doing Art and Design foundation degree at college, she went to a special school from year 7 -11 and on her statement ts said moderate learning difficulties and conduct disorder. I got told that being assessed as having moderate learning difficulties at school translates to mild learning disabilities in adulthood?

She gets mid rate care and low rate mobility DLA and I'm her appointee, I got told its easier to claim disability benefits if I'm her appointee it looks better on the forms? She is difficult and has something called encopresis diagnosed by camhs when she was in foster care at age 9 for a short time although she has improved largely but she still has difficulties. She also used to hang around the estate drinking and being abusive to people that's why she has the conduct disorder diagnosis too.

I'm about to lose my child benefit because she's nearly 20 and I'm worried that if she continues the course they'll think she is mentally okay because it's quite high level and she already has a student loan which she bought a moped with to get to the course. Can I put a claim for ESA for her or would the foundation degree course look bad when in reality she still faces many difficulties about her mental health and learning disability?

Polly.

You should only be her appointee if she cannot manage her own money, not because someone has told you that it 'looks better on forms'.

Does she fit the criteria for ESA? Are you planning to keep her ESA to replace the CB?

Also, surely it is no surprise that you will lose the Child Benefit? Maybe you and your daughter should have planned whether she needs to give you some of her student loan towards her keep.

Jackieboy

pollypee wrote: »

my DD is doing Art and Design foundation degree at college, she went to a special school from year 7 -11 and on her statement ts said moderate learning difficulties and conduct disorder. I got told that being assessed as having moderate learning difficulties at school translates to mild learning disabilities in adulthood?

She gets mid rate care and low rate mobility DLA and I'm her appointee, I got told its easier to claim disability benefits if I'm her appointee it looks better on the forms? She is difficult and has something called encopresis diagnosed by camhs when she was in foster care at age 9 for a short time although she has improved largely but she still has difficulties. She also used to hang around the estate drinking and being abusive to people that's why she has the conduct disorder diagnosis too.

I'm about to lose my child benefit because she's nearly 20 and I'm worried that if she continues the course they'll think she is mentally okay because it's quite high level and she already has a student loan which she bought a moped with to get to the course. Can I put a claim for ESA for her or would the foundation degree course look bad when in reality she still faces many difficulties about her mental health and learning disability?

Polly.

A Foundation Degree is Higher Education so you should no longer be claiming child benefit (or tax credits)for her. You need to contact them straightaway and arrange to repay the overpayments.

kingfisherblue

Jackieboy wrote: »

A Foundation Degree is Higher Education so you should no longer be claiming child benefit (or tax credits)for her. You need to contact them straightaway and arrange to repay the overpayments.

Good point Jackieboy. Unless it's different if disability benefits are in payment perhaps? I wouldn't know.

Edit: Nothing is mentioned about disability benefits and CB, so Jackieboy is correct. Page 9 of this link confirms that there is no CB payable:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/554412/CHFTE_Notes_10_16.pdf

w06

It sounds as though you need to have your benefits entitlement, and your daughter hers, assessed. 'Moderate learning difficulty' and conduct disorder are educational terms, not reflecting care and mobility needs.

Being an appointee 'because it looks better on the forms' when someone is capable of managing their own finances is, well you can figure that out yourself, but is also depriving your daughter of managing her own finances, which is equally wrong.

poppy12345

pollypee wrote: »

my DD is doing Art and Design foundation degree at college, she went to a special school from year 7 -11 and on her statement ts said moderate learning difficulties and conduct disorder. I got told that being assessed as having moderate learning difficulties at school translates to mild learning disabilities in adulthood?

She gets mid rate care and low rate mobility DLA and I'm her appointee, I got told its easier to claim disability benefits if I'm her appointee it looks better on the forms? She is difficult and has something called encopresis diagnosed by camhs when she was in foster care at age 9 for a short time although she has improved largely but she still has difficulties. She also used to hang around the estate drinking and being abusive to people that's why she has the conduct disorder diagnosis too.

I'm about to lose my child benefit because she's nearly 20 and I'm worried that if she continues the course they'll think she is mentally okay because it's quite high level and she already has a student loan which she bought a moped with to get to the course. Can I put a claim for ESA for her or would the foundation degree course look bad when in reality she still faces many difficulties about her mental health and learning disability?

Polly.

You say your daughter has improved largely. When claiming benefits any changes should be reported to DWP..

pollypee

She still has difficulties. I'm going a on girls holiday for two weeks in April so will sort the ESA forms out for her on my return. From looking at the criteria I'm hopeful she will be entitled to the highest rate ESA and won't have to go to a medical because like I said she still has difficulties. I can claim her benefits with me being her appointee because she can't handle money, I will continue to give her a weekly allowance which is working well at the moment.

I think she would be highly embarrassed if I discussed her difficulties in her presence. Because I'm her appointee will she be informed I'm claiming ESA on her behalf?

Jackieboy

pollypee wrote: »

She still has difficulties. I'm going a on girls holiday for two weeks in April so will sort the ESA forms out for her on my return. From looking at the criteria I'm hopeful she will be entitled to the highest rate ESA and won't have to go to a medical because like I said she still has difficulties. I can claim her benefits with me being her appointee because she can't handle money, I will continue to give her a weekly allowance which is working well at the moment.

I think she would be highly embarrassed if I discussed her difficulties in her presence. Because I'm her appointee will she be informed I'm claiming ESA on her behalf?

You seem to be ignoring the question of still carrying on claiming on child related benefits which is very urgent or you may face prosecution. I'd concentrate on sorting this out before thinking of claiming ESA.

postmanpat68

pollypee wrote: »

She still has difficulties. I'm going a on girls holiday for two weeks in April so will sort the ESA forms out for her on my return. From looking at the criteria I'm hopeful she will be entitled to the highest rate ESA and won't have to go to a medical because like I said she still has difficulties. I can claim her benefits with me being her appointee because she can't handle money, I will continue to give her a weekly allowance which is working well at the moment.

I think she would be highly embarrassed if I discussed her difficulties in her presence. Because I'm her appointee will she be informed I'm claiming ESA on her behalf?

It will be highly likely that your daughter will need to attend an ESA assessment after application and meet either the WRAG or the support group discriptors.