What can 'Benefit' you and your child? & Laws to support you!

Autism Act 2009; Children and Families Act 2014; Disability Living Allowance; Carers Allowance & more...

BENEFITS         UK LAW

 

I had a brilliant social worker who helped me learn about the benefits my daughter was entitled to due to her 'development and communciation impairment' as it was initially called at age two, before she received her diagnosis. These benefits such as DLA, helped me pay for her many therapies and interventions. Now, she is more able she does not get the same rates as when she was little because her needs are not so great as they were. Which is great! However, the amount she does still receive, helps her continue her life skills and independent living skills development, interests and hobbies; dance and trampoline gymnastics. These hobbies are still an important part of her development because they help her continue learning, not only about participation in team and individual events, success and turn taking but also about disappointment, making mistakes and coping with those life events which we all have to learn to deal with, learn from and work out how we might do things differently; if we want a different result next time. Additionally, as the body and mind work together, much physical exercise contributes to the brain's development and educational learning.

You don't have to use these benefits in the same way I did and my daughter does now but you should know that you can claim them so you can choose how to use them to improve your/your child's/your family's life and potential.

Here are the first benefits you should explore and consider applying for:

DISABILITY LIVING ALLOWANCE

DOWNLOAD  the document:
The DLA decision makers guidelines (2015)
(including 'Virtually Unable to Walk' criteria)

THE ABOLITION OF DLA

PERSONAL INDEPENDENCE PAYMENT (PIP)

MENCAP'S 'EASY READ' VERSION ON PIP

CARERS ALLOWANCE

EXTRA TAX CREDITS

EMPLOYMENT SUPPORT ALLOWANCE (ESA)

 

 

 

LEGAL SUPPORT

AUTISM ACT (2009)

DISABILITY DISCRIMINATION ACT (1992)

EQUALITY ACT (2010)

SEND green paper - Children and Young People

CHILDREN & FAMILIES ACT (2014) (relating to SEN & Disability)

*EASY READ* GUIDE: CHILDREN & FAMILIES ACT :  PART 3, CHILDREN & YOUNG PEOPLE WITH SEN & DISABILITIES

**NB. PERSONAL BUDGETS ARE BEING PILOTED CURRENTLY**

SEN CO-ORDINATORS MUST HAVE PRESCRIBED QUALIFICATIONS OR EXPERIENCE OR BOTH
http://www.legislation.gov.uk/ukpga/2014/6/section/67/enacted

PARENT CARERS & THE CHILDREN AND FAMILIES ACT 2014
http://www.legislation.gov.uk/ukpga/2014/6/section/97/enacted

Parent/Carers Assessment of Need
As a Carer you have the right an assessment of your own needs. For more information, please Clicks on the Links Below:
Bristol  
Telephone: 0117 922 2700 or Email adult.care@bristol.gov.uk
Tel: 01454 868007 

For information on how to apply for a carer’s assessment in South Glos, please ring 01454 868007.
YOUNG CARERS & THE CHILDREN AND FAMILIES ACT 2014
http://www.legislation.gov.uk/ukpga/2014/6/section/96/enacted
PARENTS' RIGHT TO REQUEST AN ASSESSMENT FOR AN EDUCATION, HEALTH & CARE PLAN (ECHP)
http://www.legislation.gov.uk/ukpga/2014/6/section/36/enacted
FOR CHILDREN WITH SEN BUT NO EHCP
http://www.legislation.gov.uk/ukpga/2014/6/section/34/enacted
FOSTERCARERS NETWORK NEWS ON THE CHILDREN & FAMILIES ACT
http://www.fostering.net/news/2014/children-and-families-act-becomes-law#.VGxnImf8Ut0
ADOPTION & CONTACT
http://www.legislation.gov.uk/ukpga/2014/6/part/1/enacted
FAMILY JUSTICE
http://www.legislation.gov.uk/ukpga/2014/6/part/2/enacted
CHILD CARE
http://www.legislation.gov.uk/ukpga/2014/6/part/4/enacted
WELFARE OF CHILDREN
http://www.legislation.gov.uk/ukpga/2014/6/part/5/enacted
THE CHILDREN'S COMMISSIONER
http://www.legislation.gov.uk/ukpga/2014/6/part/6/enacted

MENTAL CAPACITY ACT (2005)

FREE LEGAL SUPPORT FOR SCHOOL EXCLUSIONS

WILL WRITING SERVICE

DISABILITY RIGHTS UK WEBSITE

 

 

 

 

 

 

DISABILITY LIVING ALLOWANCE (DLA)

As soon as you know your child has difficulties or appears developmentally delayed you should consider applying for DLA. These are daunting, extremely long and depressing forms in which you may not understand how your child's autism relates to the questions asked. For some tips on filling in these forms, please see below...

DLA is NOT means tested and does NOT require a Diagnosis.

NB. THERE ARE CURRENTLY CHANGES BEING MADE TO DISABILITY LIVING ALLOWANCE AND YOU CAN FIND OUT MORE FROM THE GOVERMENT'S & DEPARTMENT FOR WORK & PENSIONS' WEBSITES

 

TIPS

 

NB. You can still get High rate mobility even if you only get the Middle rate of Care

 

My social worker gave me this information when she first helped me complete the DLA form. It was copies of the DLA criteria which she brought with her.

 

Even if you do not qualify for the Higher rate of care and you get the Middle Rate of care (There are three levels of care and two of mobility) you may still be able to get the 'High rate mobility' component under section 'G5 Learning Disabilities.' labelled 'Virtual inability to Walk.'

 

The information my social worker gave me years ago states,

 

'However, it is still possible for some people who are autistic deaf/blind or have a learning disabity to qualify for the Higher rate mobility on the basis of virtual inability to walk.'

 

'The key thing is to get evidence to show interruptions in the ability to make progress on foot outdoors are simply 'reactions to various stimuli.' Those reactions are simply the result of any 'brain damage or the genetic damage which caused the learning disabilities and prevents the normal co-ordination of mind and body.'

 

You may also want to write,

 

'Autism is a neurodevelopmental disorder which causes severe impairment of intellectual and social functioning and is a life long condition with no known cause or cure.'

 

Remember to give examples ie. if your child screams when responding to loud noises whilst outside or walking along the road walking with hands over his/her ears due to sensory overload from the environment, this is a response to 'sensory stimuli' etc.

 

Try and write examples of how your child's development differs from that of his/her peers as well as explaining their inability to have any sense of danger.

 

*DLA WILL BE ABOLISHED FOR ADULTS AND REPLACED BY PERSONAL INDEPENDENCE PAYMENT (PIP) FROM APRIL 2013


PERSONAL INDEPENDENCE PAYMENT (PIP) FOR ADULTS MOVING OFF DLA

DLA for working aged people will be abolished over the next four years starting in April 2013. Instead you will be able to claim PIP. There is more information about this benefit and how it relates to the current DLA and about how it is assessed on the NAS Website.

CARER'S ALLOWANCE

If you get DLA for your child and work but don't earn over a specific amount a week you could be entitled to claim Carers Allowance. You should apply for this at the same time as the DLA as this will only be backdated three months if you don't and apply later.

EXTRA TAX CREDITS

If you are disabled or  your child is and receiving DLA you may also be entited to EXTRA TAX CREDITS! Let the Inland Revenue Tax Credits Office know as soon as you are awarded DLA.

 

EMPLOYMENT SUPPORT ALLOWANCE (ESA)

This benefit is for people who cannot work or have a limited ability to work because of a disability or health condition. SOME YOUNG PEOPLE CAN CLAIM ESA WHILST IN FULL TIME EDUCATION AND MAY BE BETTER OFF DOING THIS RATHER THAN THEIR PARENTS CLAIMING CHILD BENEFIT AND/OR CHILD TAX CREDITS...

The NAS website has more information about this for you to explore and can offer support and advice via this LINK.

 

FREE LEGAL SUPPORT FOR SCHOOL EXCLUSIONS:

doughty streetchambers

53-54 Doughty Street

London WC1N 2LS

Have you written a Will? What provisions have you made for your loved ones? Having a child or member of the family with a disability makes ensuring they will be looked after when you are gone, an even more important issue and one which gives a great feeling of relief once it is done! Believe me, I know! I kept putting it off but it played on my mind constantly... until one day I decided I HAD TO DO IT! ....I offer a Will Writing Service to include Discretionary Trusts, for parents/carers of individuals with ANY disability (or none!) written by a qualified Solicitor and a Notary Public (this is helpful where anyone included in the Will, such as an executor, lives abroad).

If you want to have peace of mind that your loved ones will benefit from your estate and will be looked after when you are no longer here to do it then please contact me for more information about my Will writing service.

 

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