20.01.26

Disability Living Allowance (DLA) for children

Disability Living Allowance (DLA) is a non-means tested benefit, awarded to help families cope with the extra costs associated with bringing up a child with additional care and support needs. DLA is split into 2 components: the care component and the mobility component.

A DLA award can also provide a means to access to other benefits for families with disabled children, for example, eligibility for carers allowance and increased entitlement to means-tested benefits.

What rates of DLA are payable?

The 2 components of DLA can be paid at different levels:

Care component (per week):

• Lowest rate                   £30.30
• Middle rate                    £76.70
• Highest rate                   £114.60

Mobility component (per week):

• Lower rate                     £30.30
• Higher rate                    £80.00

Is my child eligible for DLA?

To qualify for DLA, your child must:

• Pass at least 1 of the ‘disability tests’
• Be under 16 (and within the lower age limits for the mobility component)
• Pass the residence and presence in the UK tests
• Not be subject to immigration control

What are the ‘disability tests’?

For your child to qualify for any component of DLA, the DWP need to be satisfied that your child’s help and supervision needs are substantially in excess of what another child of the same age would normally need. They are making a comparison between a disabled child and non-disabled children of the same age is based on the notion of an ‘average’ child.

The care component

In order for your child to qualify for the care component, you would need to show that your child, because of a physical or mental disability, requires frequent attention for a ‘significant portion of the day’ or ‘throughout the day or night’ in ‘connection with their bodily functions’ or requires ‘continual supervision throughout the day in order to avoid substantial danger to themselves or others’ or requires another person to be awake during the night to watch over them.

Children also qualify for the higher rate of the care component if they are suffering with a terminal illness.

The mobility component

Your child cannot qualify for the higher rate of this component until they are 3 years old, and you will have to show that, because of their disabilities, they are unable to walk, or  ‘virtually unable to walk’, or the ‘exertion required to walk would be dangerous’. Children who are blind or severely sight impaired are also eligible for the higher rate of the mobility component.

To get the lower rate, your child needs to be at least 5 years old, and because of their disabilities they cannot get around safely without guidance or supervision from another person. This is much less to do with the physical act of walking, and more to do with issues such as road safety and safe behaviour while outside.

The qualifying period

In addition to satisfying the disability tests, there is a prescribed ‘qualifying period’ that must be satisfied in order to claim DLA successfully.

Unless your child is terminally ill, there is a 3-month qualifying period before DLA can start to be paid – this means that your child must pass one of the disability tests throughout the 3 months before the claim.

There is also a ‘forward condition’, which means that your child must be likely to continue to satisfy one of the disability tests for at least six months after the claim. This rule is to ensure that DLA is only paid for long-term conditions.

How do I claim DLA for my child?

To start the claim, you will need to complete a claim form- you can request a paper version by calling 0800 121 4600 or download it from the gov.uk website:

Disability Living Allowance (DLA) for children claim form – GOV.UK

When completing the claim form, include as much detail as possible and assume the person at the DWP knows nothing about your child’s condition. The Contact charity website have a helpful resource that you may find helpful when completing the DLA claim form: Tips on completing the Disability Living Allowance form

What should I send with the form?

Sending supporting evidence with your child’s DLA form can help the DWP to better understand your child’s condition.

If you have medical letters or reports that provide more detail about your child’s health conditions, any treatment they receive or medication they take, be sure to send copies of these to the DWP with the completed claim form. Care and support plans and Education, Health and Care plans can also be helpful.

The DWP’s guidance also recommends keeping a diary for a week, detailing the help and/or supervision your child receives each day and sending this in with the claim form.

What if you’re not happy your child’s DLA decision?

If you do not feel that the DWP have made the correct decision about your child’s DLA, you can challenge this.

First, you must ask for a Mandatory Reconsideration (MR). This requires the DWP to look at their decision again – your chances of successfully getting the original decision will be greatly increased if you are able to send additional supporting evidence to the DWP with your request for an MR.

If an MR is unsuccessful, you can appeal to a First Tier Tribunal. The decision will then be reviewed by a tribunal panel who are independent from the DWP. This process involves attending a formal tribunal hearing and can be stressful, so it is advisable to get help with this.

At both these stages of appeal, the whole DLA decision is looked at again, so if there is a partial DLA award already in place, you will need to be sure that it is not at risk of being lost.

Need help claiming DLA?

Our specialist welfare benefits experts can help you with claiming DLA, preparing requests for MRs and with DLA Appeals. We can also help and advise people who are undergoing a transfer from DLA to PIP.

If you would like to speak to someone in the benefits team, then please contact us on 01273 610611 or email us to arrange a consultation about your personal circumstances.