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Forum Home  →  Discussion  →  Disability benefits  →  Thread

Local Authority taking into account the DLA of kids in care??

clive
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Newcastle Council Welfare Rights

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Hello
I have been asked to ask if any Local Authority has gone down the road of taking into account some/all of the child’s DLA/PIP.

If so how,  and also what are the reasons for not doing it.

Thank you

Clive

 

Inverclyde HSCP Advice Services
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Inverclyde Council

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Section 73(14) of the Social Security Contributions and Benefits Act 1992 - payment of the mobility component should be disregarded:

“(14)A payment to or in respect of any person which is attributable to his entitlement to the mobility component, and the right to receive such a payment, shall (except in prescribed circumstances and for prescribed purposes) be disregarded in applying any enactment or instrument under which regard is to be had to a person’s means.”

http://www.legislation.gov.uk/ukpga/1992/4/section/73/enacted

clive
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Newcastle Council Welfare Rights

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So that prevents LA’s taking the mob into account as income but only where they do a means test. Thank you for that.

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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The care component should not be in payment at all for children under 16 if they are looked after unless they’ve been placed in a private residence either with relatives or in foster care or some such arrangement.

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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What exactly are we talking about here: LA taking child’s DLA into account for the purposes of ... what?  DHP? Home care charges? Working age CTR scheme?

clive
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Newcastle Council Welfare Rights

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Hi
I think its for example when a child is in foster care, whether the council can reduce the allowance they provide by some/all of the child’s DLA. In this case the foster allowance or other care costs