5 Disabled Children, 3 becoming adults help!

Hello

I've got 3 disabled children (young adults). Currently the are aged 19 (20 in May 2021), 18 (19 in Feb 2021) and 17 (18 in June 2021).

They all go to special schools. The eldest has a learning disability and receives PIP at higher rate for both.

The second eldest receives PIP and receives lower rate mobility and higher rate care and,

The third receives higher rate PIP for both and is registered blind.

Up until now I'm claiming income support as a carer (couple I'm married). My husband and I both get carers allowance and we get child tax credit and, child benefit.

I have not been transferred onto Universal Credit. I get the enhanced premium in my child tax credit for all of them.

When the eldest turns 20, his child tax credit and child benefit will stop. He's not capable of work as he's in a school for profoundly disabled students (special school). So are the other two.

So I don't know what I should be claiming when he turns 20 and should I claim that before or wait until he's 20?

Also I can't really make any sense of it but it seems they've done away with ESA for people who have no NI contributions (like my son who's never worked) and so I assume I have to claim universal credit for him but I have some worries about that as follows:

a) when he comes off of my claim does that mean my circumstances have changed and they will automatically transfer us all to universal credit - should I be prepared for that and

b) if I claim universal credit in his own right can he get help on it because he's disabled? It's not very clear whether you can get extra on universal credit if you are disabled?

c) Is it better for me to transfer all of these children (as above) onto universal credit in their own right?

I'm autistic myself and I have a high IQ but I'm still very confused about what I should do and when?

Most confused about whether disabled people on universal credit get extra for their disability or if they just get nothing at all.

I'd be very grateful for help and would give an extra donation if someone could advise me because if I get this wrong I could really mess everything up! TIA

Hi

Thanks so much for your kind advice. I've answered your questions below.

1. When your eldest son turns 20 you can not claim child tax credit for him. (Which is the same for all the children at this age.) He will have to claim UC, it is likely given his severe disability that he will be placed in the equivalent of the support group for UC. (Limited capabilty for work and work related activity.) He can claim on grounds of low income. Is he a special school that extends to age 25? Presumably thre is a care plan for him once he leaves the school? (This may be something you need to investigate.)

He is in a special college that runs to 25 and he has social care as well.

As a disabled person, your son might be eligible to claim UC even if he follows an educational course - this would depend on what he wanted to do, and the nature of the course, study hours etc.

My son is only doing functional skills/life skills.

Your son will have to apply for UC, in his name, but you would be able to assist him. Are you/husband his DWP appointee? - this basically means you can be a permanent contact point with DWP, and have the legal right to speak to them and fill out forms, as if you were your son.

Yes I am his appointee for PIP he gets higher rate for both.


www.gov.uk/become-appointee-for-someone-claiming-benefits
please read this for more information.
You may be able to become an appointee for all your disabled children.

2. You will need to inform HMRC that your son is no age-barred from child tax credit - don't assume HMRC should realise this, (yes of course they should, but they may not! - you don't want to incur an overpayment!)


I've looked on my payments for CTC and they are stopping the payments once he reaches age 20. So I think they've preset the system to do this.


3. This NOT a change of circumstances that needs YOU to claim UC - you can of course choose to, but you might wish to take specialist benefits advice on this (eg from local CAB or similar) - if you claim UC, then you will have to continue to claim UC - you may be worse or perhaps better off, so you need an expert to go through all your possible benefit outcomes and decide.

No I def don't want to claim it but I'll claim it for him thank you.

4. Option 1 is to remain on presumably Carer's Allowance for both you/husband. (I presume that you each claim for a different child.) Providing you still each perform at least 35 hrs caring in respect of your named child then 2x CA can continue. It will nboy matter if one of you claims for the eldest son whether he claims UC, or if he doesn't! I assume that you get Income Support as well, and may be Housing Benefit/Council Tax Reduction - if so these can all continue. I don't think that if your son claims UC this will affect your Housing Benefit/Ctax Red -
whilst he may be classed as non-dependant if he claims his own benefit, because you have other disabled people receiving PIP in the household, there is an exemption. However, this needs to be confirmed by a benefits specialist!

I really need to find a benefits specialist and I'm happy to pay!

5. option 2 - If you wish you CAN claim UC by choice. At some stage in the future you will get 'migrated' over to UC, but this is probably not going to happen in the short/medium term. Obviously then you will have no choice! As stated earlier, I do not know whether you will/won't be better off on UC, a detailed calculation will need to be made for each scenario, taking in to account benefit entitlement and your family composition etc. Once on UC you will stay on it, so avoid costly mistakes by getting proper detailed advice.

No I wiill be much worse off and I've looked into that already thank you.

6. Unfortunately there is no specific disability element within UC.But ESA is not available for new claimants, so this may mean that UC claimants can not get the same amount of money as though under ESA. As stated above, UC is realistically the only way of providing work replacement (sickness benefits) for new claimants like your son, so it is UC or nothing. Again a benefits specialist will be able to confirm how much is your son's entitlement.

Thank you

So, to sum up. Provided you have notified HMRC, as indicated above, you do not need to do anything. Your eldest son does not need to claim UC, but will be unlikely to achieve any other benefit income, aside from PIP unless he does. I just urge caution, and get some specialist advice with full calculations!
advicelocal.uk/ is a good place to look for a specialist centre near you!

I hope that the above provides some answers for you. Good luck with everything.


It really does thank you so much for your help.

LL26