All benefits

[JeanneA]

Hi does anyone know if I would still be entitled to child benefit, DLA for my child and Careers Allowance for myself if he went into residential care/school, but still came home for some weekends and some of the holidays and we would visit him also.

[bid]

Hi Jeanne,

 

I'm not sure if a 52 week residential placement is the same as a residential school. With my son, I lost my Carers Allowance, because he only came home every third weekend, so I wasn't caring for him for the required number of hours per week. He also lost the care element of his DLA for the periods he was in school, but then I had to fill in a form detailing his weekends and holidays at home, for which he was paid, but retrospectively. He continued to get the mobility element regardless.

 

I would think best to contact SS and DLA directly to be sure.

 

Bid

[baddad]

Hi Jeanne -

 

Yes, I'm pretty sure you would lose your carer's allowance. He wouldn't lose his DLA, but it would be used as part of the funding towards his residential placement, unless the law has changed singnificantly...

 

Carer's allowance - the carer must be actively caring for the disabled person for a minimum of 35hrs per week... there's a stipulation about the times as well (it's counted from 'Midnight Friday to Midnight Friday' or some-such(?)). You might still be eligible on weekends at home, but not when you visited him, as his carers would be the staff at the residential placement, regardless of whether you were there or not. You would be his 'guest / visitor'.

 

DLA: It's been a long time since I worked in resi care, but how it 'worked' then was that DLA would be paid to the individual, with an agreed 'rent & services' charge allocated from that payment to the care-provider. This rarely covered the full costs of residential care, so a 'TOP UP' would be agreed between the care-provider and the LA... The care provider would have responsibility for supporting the client in managing any remaining monies and budgeting for things like holidays, transport, days out, social activities etc.

 

I'm pretty sure legislation on that would have changed, because it was all a bit 'hit and miss' (some residential placements would effectively 'manage' the entire income, providing the residents effectively with 'pocket money' for trips out and holidays that they had no or very little say in, while others had incredibly complex (but necessary) 'pay-per-mile' transport schemes etc that were an administration nightmare for all concerned), and LA's would always argue over the TOP UP' forcing the care home to pick up the shortfall while they wrangled back and forth.

 

Whatever does happen now, his entitlement to DLA will not be lost, and he will always have some 'personal income' from it beyond the outgoings for rent and services paid to the residential placement.

 

You really do need to get advice on this, because there are all sorts of other considerations too, like savings and capital, and (further down the line) any bequests/potential bequests from wills and/or trusts. MENCAP used to be a very good starting point for information on all this kind of stuff, and SS should be able to point you in the right direction for getting some independent (or as close at 'independent' gets in this day and age) advice.

 

HTH

 

L&P

 

BD

 

OH: PS - of course, any personal savings he has above a particular threshold (and I'm not sure what that threshold would be because it probably depends on which precise piece of legislation applies to the residential funding) will be taken to pay residential costs until they fall below the relevant threshold. I don't think your own income / circumstances affect anything, but you do need to check that out and plan accordingly.

 

Very best with it all

 

L&P

 

BD

[JsMum]

I would contact NAS Welfare Rights services and as already suggested MENCAP as that would be a great service to contact.

 

I would defo contact the individual Benefits, so Child Benefit, DLA, Housing Benefit ect,, as there is a change of circumstances.

 

JsMumx

[JeanneA]

Thanks for all your replies they have been very helpful. I am worried that I won't get any money in my right with losing the careers allowance. My hubby is on jobseekers so I can't claim income support I've already tried that. We are in a very bad position financially, we could lose the house, thankfully we are getting an allowance to help towards the mortgage. I will definitely have to find a job.

[JeanneA]

Hi Glen's social worker said I can still receive DLA until Glen is 18, then part of it will have to go towards his residential placement costs. She did say that I will lose the carers allowance though. Do you think she has got it right about the DLA

[baddad]

I'd get that double checked if I were you...

Glen will still be entitled to DLA and may well get payments when he's at home for weekends etc, but he won't be paid for time in residential care/school as all of his needs will be met there. He may retain the mobility component, but i don't think this is a given (I seem to remember they were talking about making people in full time residential care exempt?).

I would be very, very sceptical of the info you've been given - effectively the social worker is telling you that you will receive all of his DLA as 'family income' despite the fact that he's no longer living with you... that overlooks both the fact that he is the person receiving DLA, and the fact that you are no longer providing the day to day care for which he receives that payment.

The biggest danger is overpayment - if you take what the social worker has told you at face value and do not report the change of circumstances you could find yourself a few years down the road owing thousands. I suspect also that if you offered the defence that the social worker had told you you didn't need to advise them/were still entitiled you'd find that he/she had a very selective memory about the conversation, which could well mean criminal proceedings for fraud.

 

If you're still uncertain I would urge you to get independent advice (not sure from where, but the social worker I'm sure is talking out of his/her hat)...

If you look at the 'your circumstances' section of the gov website:

 

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Disabledpeople/DG_10018702

 

You'll see notes of what you have to advise, and that includes hospitals and residential care. Though they state 'homes', the same rules apply to residential schools. The only way I can see that he would be paid DLA directly would be if the LA weren't paying for his residential care... It's very unlikely, but I would clarify that too, because if they are not the costs will be much greater than would be covered by DLA, and if the LA isn't bridging that gap the implications are even worse for you.

 

Hope that's helpful

 

L&P

 

BD

[Kazzen161]

Definitely check, as I do not believe this is right. You need to inform dla of the change in circumstances anyway.

[Kathryn]

The Citizens Advice Bureau can do a full and independent benefits check for you - worth making an appointment at your local centre.

 

K x

[JsMum]

Hi I told DLA was now in full time care and Js care compnent of DLA has been frozen but Im still entitled to his DLA mobility as I am still entitled to Child Benefit as this is what Child Benefit have said but I do need to ring the Child Benefit back in June.

 

Ensure you notify the benefits people that glen will be coming home some weekends and possible holiday vacations so in the summer holidays you may take Glen on holiday or have him home for a longer break to do activities and day trips.

 

I really advise though you contact NAS Welfare Right or request a referral to your local Welfare Rights Service.

 

JsMumx

[JeanneA]

Hi thanks for all your comments. I did that it was strange that I could still receive DLA with Glen not being here . I will give them a call later and see what happens.