Disability Allowance

[Meg888]

I started receiving this for my daughter who has special needs in Nov 2012. Apparently I could have been claiming it years ago, but didn't realise I qualified. They awarded it until Nov 2014, however, they've now stopped it. When I rang them they said they are sending someone to see me to see if my daughter is capable of managing her own affairs as she's just turned 16. She has Dyspraxia, ADD, and mild learning difficulties. She's continuing with full time education in 6th Form come Sept for at least a further two years. I don't claim carers allowance for my daughter, or anything like that as I'm in full time work. I'm just unsure of what to expect when this person comes out, so any advice would be appreciated.

[friedgreentomato]

Not sure about your question but just to check are you claiming child benefit and possibly tax credits?

[Meg888]

I'm claiming child benefit, but not tax credits

[daffy654]

I also have to have a visit soon for my son who turns 16 in August. It is because they are supposed to claim the benefit for themselves at age 16, if you feel they will not be able to manage the money themselves and wish to claim it in your name on their behalf then someone has to visit to ensure you are not exploiting the situation.

[Meg888]

Oh I see, Well I suppose it makes sense, I can't understand why they just stopped it though, and they've not paid since?? Can I assume it will get backdated? I would doubt they'll find my daughter 'capable' as they put it, she is more like a 12 yr old sadly than a 16yr old

[daffy654]

I had a letter from DLA a couple of months ago asking if I wanted to allow my son to claim on his own behalf, did you not get the same?

[daffy654]

They may, or may not backdate, you know what they can be like about these things!

[jim360]

It's stopped as soon as the person being cared for turns 16, and will only be paid again on submission of a successful claim for her as an adult. I expect that if her disabilities are such as you have described there shouldn't be any problem with getting the benefit resumed.

[daffy654]

jim, that isn't strictly true. If the claim has already been approved to a date past the person's 16th birthday then it will continue if the DLA folks have satisfied themselves that the parent (carer) is still claiming in the interests of the claimant. I have the letter here in front of me right now that explains it all.

[jim360]

Well I'd take your letter over my guess any day! Thanks for the clarification.

[Meg888]

Thanks for the replies. I didn't receive anything at all from them in regards to her turning 16 (last month), they just stopped it and it was a couple of weeks before I noticed, then I rang them and eventually somebody rang back to say a home visit was needed, but could not advise on the actual continuation/backdating of the benefits.

[daffy654]

How very odd that you never got a letter Meg. I would try using that fact in my request for the backdating of the benefit if they at first refuse.

[Meg888]

I certainly will Daffy, and as I received letter in November stating it was awarded until 2014, providing there were no changes - which there have not been other than her turning 16, but at no time was I advised / informed the benefit would stop upon her reaching this age.

[themas]

I find it difficult to believe they will be so stupid as to refuse to backdate it when you already have a decision that there is an entitlement up to 2014. However, if they do, make sure you appeal - & take it to the independent tribunal service if they don't then back down. If you need help with it, go to CAB.

[mrs_overall]

It is standard practice for the disabled person (DP) or their carer to be contacted when the disabled person reaches 16. The DP is eligible to claim the money in their own right unless reasons can be given as to why they shouldn't receive it. Reasons for this vary and the DP not being mentally capable is one of them.
Also, the official will want to see your daughter to make sure she exists.

[lcg]

they will only backdate 3 months......tried this with my hubby, but that's it, i'm afraid.

[Meg888]

Thanks for the helpful replies. So far we are two months shortpaid, and they're coming next Friday, so I'm hoping to get it back. I've been told they can advise on the day