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Forum Home  →  Discussion  →  Other benefit issues  →  Thread

Benefit Cap and DLA for children

PCLC
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Benefits Supervisor - Plumstead Law Centre, London

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Joined: 16 June 2010

Hi there

Bit confused about this - couples/ singles excluded from cap if in receipt of DLA at any rate plus PIP daily living component - does an exclusion apply where neither member of a couple or single parent satisfies above but child currently in receipt of DLA?

Thanks all!

Gareth Morgan
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CEO, Ferret, Cardiff

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The exclusions include children.


The UC regs say

83(1)
...
(f)  a claimant, or a child or qualifying young person for whom a claimant is responsible, is
receiving disability living allowance;
(g)  a claimant,  or a qualifying young person for whom a claimant is responsible,  is
receiving personal independence payment;

[ Edited: 8 Jul 2013 at 07:04 pm by Gareth Morgan ]
SamW
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Lambeth Every Pound Counts

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Was there any progress in getting adult children on DLA included in the list of exemptions - situations where legally they are non dependants and not within the ‘benefit household’ but practically they remain dependent on their parents (or carer) and share a household? IIRC there was some publicity regarding this where it appeared that the DWP spokesperson did not understand their own legislation?

PCLC
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Benefits Supervisor - Plumstead Law Centre, London

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Thanks Gareth - Sam’s point is also an interesting one.

RMR
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Senior welfare & benefits advisor - Sutton Borough CAB

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I know of a single mum with 3 children, where daughter in receipt DLA HRC HRM has just turned 18, creating 2 households. Mum, who is her carer and other 2 children get capped to the tune of £5200, per year. Her daughter’s care package if she lives away from home is £56,000, but if she lives at home with her mum the cost to the public purse is only £11,200. Tell me this makes sense!