I've just been contacted by a client with a severely disabled 18 year old son. Son gets high rate care and high rate mobility DLA. Is still in full-time education at a school for children with special needs. Is getting IB on the basis of incapacity in youth. IB is £105.45. Client on IS. Have done a calculation and if IB hadn't been applied for would be getting £125.48 in CTC and £20 CB.

I know that the claim for IB can be withdrawn, but where does this leave them in terms of deliberate deprivation?

I am also aware that if withdraw claim for IB, then will have to claim ESA in future.

Thanks

JK

And have just found out that CTC has been re-instated even though regs say can't get for QYP who is getting IB in own right.

You should do a better off calculation over a longer period. Child benefit can only be paid up to the young person's 19th birthday, so the disabled son will only be treated as your client's dependant for another year at most. What would be best for both of them to be claiming after that date?

Have already taken this into consideration - son will not get IB again, instead will get ESA - ESA currently £10 per week less than IB, but rates are being aligned. I don't think its possible to do a long-term benefit calc, as don't know how quickly this will happen.

But have advised cl that would be £40 per week better off for year, then son could be up to £10 per week worse off.

JK