UC disabled child element

Lemonadedrinker

Im moving from tax credits to UC my 17 year old child in education claims enhanced mobility pip. I'm trying to add him to my claim as receiving pip enhanced mobility to the receive the low rate child disability component, but they keep removing my son from the claim saying I cannot claim for the low child disability component because he doesn't receive the care part of pip. I've read the criteria and it says they just need receive pip to qualify. They keep telling me I'm not claiming carers element so I can't get low rate child element. I'm working so I don't hit the criteria from carers element, I know that I'm not trying to claim carers element.
If I put all my info into the benefit calculator it tells me I receive extra money for my son receiving enhanced mobility. I received extra with tax credits.
Do I hit the criteria to receive the extra money? 

Spoonie_Turtle

Lemonadedrinker said:

Im moving from tax credits to UC my 17 year old child in education claims enhanced mobility pip. I'm trying to add him to my claim as receiving pip enhanced mobility to the receive the low rate child disability component, but they keep removing my son from the claim saying I cannot claim for the low child disability component because he doesn't receive the care part of pip. I've read the criteria and it says they just need receive pip to qualify. They keep telling me I'm not claiming carers element so I can't get low rate child element. I'm working so I don't hit the criteria from carers element, I know that I'm not trying to claim carers element.
If I put all my info into the benefit calculator it tells me I receive extra money for my son receiving enhanced mobility. I received extra with tax credits.
Do I hit the criteria to receive the extra money? 

I'm not an expert, but according to their own guidance (and the law) that doesn't sound right.

The guidance states
"the lower rate of disabled child addition¹ is included where the child or qualifying young person is
1. entitled to DLA or
2. entitled to PIP.
1 UC Regs, reg 24(2)(a)"
ADM chapter F1: https://assets.publishing.service.gov.uk/media/6245b3be8fa8f52777576261/admf1.pdf

And the law states
"(2) An additional amount as shown in that table is to be included in respect of each child or qualifying young person who is disabled and that amount is—

(a)the lower rate, where the child or qualifying young person is entitled to disability living allowance[F2, child disability payment][F3, adult disability payment] or personal independence payment (unless sub-paragraph (b) applies)"
[Sub-paragraph (b) is about the higher rate.]
https://www.legislation.gov.uk/uksi/2013/376/regulation/24


Just so you know, working doesn't necessarily affect the carer element; the element only requires giving 35+hrs care per week to someone receiving a care element of a disability benefit (so it still wouldn't apply to you anyway, but not necessarily because of working).

poppy12345

You are correct and UC are incorrect. For the lower disabled child element they must be claiming any rate of PIP.

There are also two disabled child additions:

• Disabled child addition of £146.31 per month for each child or qualifying young person that is in receipt of Disability Living Allowance (DLA) or Personal Independence Payment (PIP), or

• Severely disabled child addition of £456.89 per month if your child or qualifying young person gets the highest rate of the care component of DLA, the enhanced rate for daily living of PIP or is registered blind.

https://www.turn2us.org.uk/get-support/information-for-your-situation/universal-credit-uc/additional-elements-of-universal-credit-uc

Carers element has nothing to do with the disabled child element. Working has nothing to do with carers element either but to be able to claim this your son/daughter must be claiming daily living PIP. If it's just mobility they are claiming then you won't be entitled to carers element.

Edit.. crossed posted with spoonie, thankfully our advice was the same.

Lemonadedrinker

Thanks for the replies. They have taken my son off the claim 3 times telling me to add him again. Each time I add him I follow the questions.
Does your child receive 
Pip, DLA etc I answer yes.
Next screen says 
Basic care 
Enhanced care 
Or no component 
And I receive this message. I'm at a lose as to my next course of action to receive the lower money 

poppy12345

Very strange that there's no other options. Are you sure you're not trying to report being their carer rather than the disabled child element?

Lemonadedrinker

I'm following what they ask me to do. Going to report change. Children and people who live with you. It asks is it. A child or adult I declare a child and follow the questions 
Name, date of birth, are they in education, do they recieve pip, DLA etc, care or no care component then
Then I keep receiving the above  message. 
I have now recieved this message. I'm not trying to CLAim carer, just lower disabled child benefit. I'm banging my head against a wall now. No idea how to claim this element

Lemonadedrinker

I've now added this my journal this morning. I'm hoping I have done this correctly. I have declared 
Child, age, education, claims pip, non care component. Then declared it