DLA decision for child

ZoeHarris24

Hello 👋🏻 

Would really appreciate some advice in following. After seven months of waiting we finally got decision back for my sons claim for DLA. They have awarded him with lower rate mobility and no care component at all. Just got a letter with reason for the decision telling the only reason why he's not entitled for care component is as he's receiving Survivor's pension from other EU country. He's dad passed away at my boys young age. On letter they explaining him to be covered by the EU Withdrawal Agreement..therefore the United Kingdom is not responsible for paying benefits like DLA to him. He have lived in UK since baby..he's 9 years old now. He's father was in full time employment in UK for almost 4 years till he got terminal ill, he wasn't able work last 8 months of his life and claimed PIP. I claimed Carer's allowance as I was his full time carer till he died. They are mentioning on letter that some can claim for DLA care here if they are family member (someone dependent on a parent) who have paid NI contributions.. Also who are receipt of Bereavement benefits and State pension, who's me his mother. I want to ask them to look at his claim again and do mandatory reconsideration. We live in UK for almost ten years, all having settled status. Any advice how and what to put down on MR letter would be very appreciated. 
Thanks in advance 

ZoeHarris24

Bump a thread

beanielou

I think that you need specialist advice which is most likely beyond the scope of MSE. 

Do you have a welfare rights team that you could find access to?  A Citizen’s Advice Bureau? 

poppy12345

I don't know the answer to your question. I agree with the above member and you should get some expert advice. 

Muttleythefrog

I also agree with the above... I'm not sure there'll be the expertise here to advise on this.

Danien

I don't know much about the EU withdrawal agreement and effect on benefits. It seems they are asking about your and your son's father's (before his death) status in the UK.

So what is your status in the UK? Did you apply to the EU settlement scheme or does your right yo live in the UK come from something else like having been awarded settled status?

It is a complicated area and not one I'm familiar enough with any more to give comprehensive advice. I would advise that you find a welfare rights organisation or CAB in your area to help you with this. It's a lot of money at stake over the years and it is important you get it right.

So, do you have settled status or applied to the EU settlement scheme? Have you worked/paid national insurance in the UK? Did your son's father work in the UK, or did he always live in the EU country you mentioned? Have you had any long stays out of the country? All these things can impact whether benefits can be paid. Do you receive child benefit/tax credits/universal credit for your son?

This is all about trying to figure out who is the 'competent state' to pay benefits for your son. As he is receiving survivor benefit from the other country, this has caused the DWP  to consider that the other country are responsible for paying benefits. Now you need to show that your son has a right to benefits in this country through your status here.

ZoeHarris24

Thank you for your responses. I have already reached out to Citizens Advice to support me with this. It's a very complex case. I want to make sure I write the right things in right way on MR. We all have settled status. My late husband lived and worked in UK since we moved here and passed away here as well. None of us have never left this country for more than a week since we moved here. As much as I remember we mentioned it on claim as well. We receive child benefit nearly 10 years since moved here. 
What confuses me and even the ones who specialise more in this, why then only mobility component at all if they think he's not entitled for DLA. 

Danien

I'm really rusty on competent state rules, but my understanding is that mobility and care component are treated differently.


What is confusing the DWP is that your son is getting a survivors benefit from the other country. Survivors benefit is in the same category as care component and usually both are paid by the competent state. So the fact that the the other country is paying the survivors benefit makes the DWP think that the other country is the competent state for these benefits.

The important information to put on the MR is how long you, your late husband and son have lived in the UK. Proof of the settled status and proof of work in the UK in that time. Also state as you have here that you and late husband never left the country for more than a week.

Can you tell me what made you claim survivor benefits from the other country rather than you UK? Is it a social security benefit or is it from a pension? 

If it is from a social security benefit then you may lose it if the UK is found to be the competent state for benefits (which from what you've said, it is.) As I understand it, your son shouldn't have qualified for a survivors benefit from social security from the other country but as I said I'm rusty on this.

ZoeHarris24

If honest I never claimed it. Had to renew my kids passports and was asked by embassy to give details about parents, address etc. That's how they found out he have passed away. Shortly after I got a letter that children are entitled for such a pension even if they live abroad.
Here's some brief information:

When a person dies, the surviving relatives may have the right to claim survivor's benefits. The benefits and the possible recipients differ from one EU country to another. Here are some of the most common benefits you can claim if you are a surviving relatives. 

A survivor's pension is a monthly allowance corresponding to a percentage of the pension the deceased received/would have received, and it is paid to their closest surviving relatives. It is granted by the same authority that granted/would have granted their pension. The amount payable is calculated in the same way as for an old way pension.

The state grants a survivor's pension. This pension can be received by the following types of persons: children of the deceased person which are under the age of 18. 

Calculated from those years my late husband have worked for his country before we moved to United Kingdom. 

Savvy_Sue

I am just wondering what the difference is between the survivor's benefit for your son, and what you think he might be entitled to if the UK gave him the care allowance? 

If it's marginal, you may be better off not pushing this if there's any danger of losing the survivor's benefit. From what you say he'd receive that until he is 18, no more questions asked. Whereas claiming DLA has no guarantees and can be extremely stressful, as you are finding. 

Danien

I found this which has more information on survivors pension.

https://europa.eu/youreurope/citizens/work/unemployment-and-benefits/death-grants/index_en.htm

It seems like your son is entitled to the eu survivors pension because his father would have paid pension contributions there the longest, and that makes the other eu country the competent state for the survivors pension.

My take on this (and please bear in mind I'm rusty on this, so please go ahead and get further advice) is that your son should be entitled to the care component of dla as he has rights through NI contributions you have paid, and also as his father last paid contributions in the UK too. 

The criteria for dla is different from the criteria for a survivors pension, so it's not where the parent paid contributions the longest, but where they paid contributions most recently and have settled status - which in your son's case is the UK. 

If I were your adviser I would put on the MR explaining the eligibility for the survivors pension and as contributions were paid longest in the other eu country, it made them the competent state to pay that specific benefit.

But that the eligibility for care component of dla means that the UK is the competent state as you have settled status here and pay ni contributions here (and provide proof of this), and that your son's father also had settled status here and paid ni contributions here before he passed away. 

The adviser you see should put you right if I've misread the rules.

I saw the comment above. Personally, having looked at it further, as the eligibility rules are different for a survivors pension as opposed to certain other survivors benefits in some countries. I don't think there is a risk of losing the survivors pension, but again check with the adviser, you can always withdraw the MR.