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Forum Home  →  Discussion  →  Disability benefits  →  Thread

child going into residential school

stevenmcavoy
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Welfare rights officer - Enable Scotland

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just wanting to double check there are no flaws in my thinking here.

child in receipt of high/high dla with mobility care.  there is the possibility that the child might have to go into residential school.  the parent says that the child wont be “looked after” by the local authority and that it is not a care establishment but an educational one. due to the childs disability other more typical forms of education have failed.

i have had a look at cpag page 569 and that looks to me like child benefit wont be a problem as the child will be away to receive education.

620/621 of the cpag books also seems to indicate to me that dla will be fine as well as again she will be away at school.

mum currently in receipt of carers with is top up.  as the child will be home weekends as long as she can satisfy the 35 hour rule (including visit prep time) then it also looks like this will be ok.

Am i missing anything?

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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stevenmcavoy - 16 September 2014 05:02 PM

mum currently in receipt of carers with is top up.  as the child will be home weekends as long as she can satisfy the 35 hour rule (including visit prep time) then it also looks like this will be ok.

Sure you’ve thought of this but just in case… don’t forget that CA week runs Sunday to Saturday, thus splitting the weekend across 2 weeks, which can be a problem for the 35 hours requirement

[ Edited: 16 Sep 2014 at 05:33 pm by BC Welfare Rights ]
stevenmcavoy
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Billy Durrant - 16 September 2014 05:27 PM
stevenmcavoy - 16 September 2014 05:02 PM

mum currently in receipt of carers with is top up.  as the child will be home weekends as long as she can satisfy the 35 hour rule (including visit prep time) then it also looks like this will be ok.

Sure you’ve thought of this but just in case… don’t forget that CA week runs Sunday to Saturday, thus splitting the weekend across 2 weeks, which can be a problem for the 35 hours requirement

your right that could be an issue.  mum doesnt have specifics yet but it sounded like they would get the child friday evening and back either sunday night or monday morning so i think they should be ok, especially if we shoe horn in some prep and cleaning up time etc.

she has high care so providing constant support shouldnt be an issue.

thanks for your help

Kurt12
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You might find chapter 5 of the CPAG Scotland’s book ‘Children’s Handbook Scotland’ useful.  When I wanted to find out about what happens with benefits for a disabled child in a residential school it was really useful.  It seemed to be the only available detailed resource which addressed issues raised by residential schools.  It is available free online at:  http://scottishhandbooks.cpag.org.uk/book/chs/222135
When I was using it a while back there seemed to be nothing that I needed that would not also apply in the rest of the UK.  Assuming that there still is a UK from Friday of course ....

Jon Shaw
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Thanks for the shout out, Kurt. Not all of the book is as easily translatable to what may or may not soon be foreign lands, though…

Steven, I think that the issue here is that a residential school for children with disabilities is in my experience very likely to be registered as a care home, and so if any LA funds go towards accomodation, board or personal care, the care component is affected after 28 days (not counting days arriving and leaving if the child is home for the weekend).

Of course it may be a boarding school, but that seems unlikely from your original post, so I’d be checking with the school in question…

Jon

stevenmcavoy
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Jon Shaw - 16 September 2014 10:14 PM

Thanks for the shout out, Kurt. Not all of the book is as easily translatable to what may or may not soon be foreign lands, though…

Steven, I think that the issue here is that a residential school for children with disabilities is in my experience very likely to be registered as a care home, and so if any LA funds go towards accomodation, board or personal care, the care component is affected after 28 days (not counting days arriving and leaving if the child is home for the weekend).

Of course it may be a boarding school, but that seems unlikely from your original post, so I’d be checking with the school in question…

Jon

that was what i thought might be the case as well jon but mum seemed pretty clear that this wasnt a registered care home nor would the child be under a section 70 etc (pretty sure thats the supervision order one been a while since i had a kinship question).