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DLA claim

James Craig
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Welfare Adviser - Young Lives vs Cancer, Hammersmith & Fulham

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Total Posts: 115

Joined: 2 August 2017

Is there any reason why a DLA claim cannot be made on behalf of a child by a parent who has limited leave to remain and no recourse to public funds? The child is a UK citizen.

past caring
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Welfare Rights Adviser - Southwark Law Centre, Peckham

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Total Posts: 1125

Joined: 25 February 2014

Absolutely none. In this situation the benefit ‘belongs’ to the child and the person to whom it is paid is the appointee (this explains why, when a child moves to live with a different parent or goes into care, no new claim is needed, only a change to the payee/appointee). So as long as the child does not have a public funds restriction attached to their leave* a DLA claim is always fine. DWP might conceivably make some queries/delay things due to the parent’s status, but that will get resolved - no need to delay the claim and the start of entitlement as a result.

(* clearly, as UK citizen, the child can’t have such a restriction, but posted in case others look at this in future).

James Craig
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Welfare Adviser - Young Lives vs Cancer, Hammersmith & Fulham

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Total Posts: 115

Joined: 2 August 2017

Many thanks - I thought as much but am glad of the confirmation.