I was wondering if anyone had any advice on Foster Carer's claiming DLA for a child in their care. Can't seem to find any guidance on DWP websites or foster agency websites. Obviously if the child has a disability then they have a right to claim, but as the foster carer is being paid to care for the child does this then make them exempt fromclaiming on behalf of the child. Any advice would be grateful
Thanks

While ceratin categories of people in care can't get DLA on the grounds you've mentioned, it seems those in foster care are exempt from this rule under Social Security(DLA) Reg 9(4) and so a claim could be made. It would depend on the exact nature of the placement and how it is funded. See CPAG p620 for exemptions.

Reg.9(4) usually covers foster parents no problem. Slightly more problematic is Reg.43, Claims and Payments Regs, governing payment of DLA for children, which at paras (4) and (5) contains some complicated provisions about appointing a person nominated by the LA to receive payment. I doubt this has much application in reality not least because of outdated wording ("committed or received into the care of a local authority") which doesn't mean anything under the Children Act.

In practice I have never known long term foster parents having a problem claiming DLA or being appointed to act for this purpose. Of course the LA could then try to adjust the fostering allowance payable, at least if it contained additional elements for the child's disabilkity, if they're feeling tight.

Richard Atkinson

hi thanks for the advice,
i managed to speak to someone at a fostering agency who was most helpful. It seems that there is no problem in claiming DLA, only that it is paid into an account that is clearly seperate from that of the foster carers, all money spent is clearly accounted for, and solely for the benefit of the child.
thanks again

I have helped a number of foster carers with DLA and as Richard says there is not usually a problem apart from the attitude of some social workers that they shouldn't be being paid twice for caring for the child, particularly where higher foster payments are being made due to the child's disability.

I was involved with a case a little while ago where the social worker directly intervened to subvert the DLA claim as they didn't want the baby 'labeled with a disability' as they thought this might make adoption more difficult. I hadn't appreciated that the wording of Reg 43 may mean it has no current application. I didn't need to deal with it properly as there were other issues surrounding the case which took precedent but worth bearing in mind that LA may not have the specific power to influence who is appointed as, at least historically, conferred by Reg 43(5). However, the discretion involved in general power of the Sec of State to decide on the appointment under Reg 43 might mean that the LA could have a say if Sec of State thinks it appropriate - and he probably would if he thought about it.

Tony

Having said all this we now have a foster carer coming in next week who has reportedly been refused payment of DLA on the spurious grounds that she does not receive Child Benefit. Watch this space...

Richard Atkinson