Children living in but DLA is effected??

sebastianj

I advised a friend to contact the DWP as his wife is getting DLA but he does not get the disability element of Pension Credit. He contacted the DWP and was told that he should be getting this at higher level but because his children are living at home (26/28)
he cannot get it. Both his children are getting JSA and are on some kind of training.

Can any knowledgeable person please shed some light on this.

Kind rgds,
seb

Edinburghlass_2

I've shifted your thread over here as I think you will get more expert help in this board.

sebastianj

Thanks Edinburghlass,
Does not appear to be any help here, the process just does not appear to be fair, may be a legal challenge is required. To me it does not make sense, what do you think?
rgd
seb

stazi

At the ages of 26 & 28 they are not children, but are 'non-dependents', and the law appears to say that a SDP is not payable.

real1314

sebastianj wrote: »

I advised a friend to contact the DWP as his wife is getting DLA but he does not get the disability element of Pension Credit. He contacted the DWP and was told that he should be getting this at higher level but because his children are living at home (26/28)
he cannot get it. Both his children are getting JSA and are on some kind of training.

Can any knowledgeable person please shed some light on this.

Kind rgds,
seb

There is no Disabled Element, but there is a Severe Disability Premium, but this is only payable where all members of the household get DLA Care at Higher or Middle rate or are Registered Blind.
The spouse's presence would prevent it being paid, regardless of the "kids" being there.

sebastianj

Many thanks real1314, So because the spouse is not disabled they are not entitled to it, as though this makes sense to me. Seriously, the spouse gets Pension Credits and the severe disability element is normally added to that.
I am surprised that the pension office did not say that instead they made reference to non-dependent_ children. He was also told that if children leave home they will get this benefit. Not sure what to tell the guy anymore.

rgd
seb