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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70507
Experience:  Over 5 years in practice
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.Tathis is a disability welfare question.I am not sure

Customer Question

Hi.
Tathis is a disability welfare question.
I am not sure what the law is. Can you help?
My 14 year old son receives DLA at the highest rate and mobility at highest rate also. This is used for a motability car.
He has begun to stay for 4 nights at a placement and 3 nights with us at home. He obviously attends special school during term time and in the holidays would be there 4 nights and collected by us in the morning, so for 3 full days.
We have realized that we have to inform the DLA of this change in circumstances.
Would we be eligible for any of these benefits given that he is only with us for part of the week? Would the placement paid for by the LA be eligible for any all or part of this money. Can children's homes receive DLA orthe mobility allowance?
Any help would be fantastic!
Thankyou,
Rebecca
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
You are right that this should be declared. The fact that you haven't told them will not be a huge problem. They may ask you to repay any over payment but they will not prosecute you if you disclose to them.
In terms of reductions, that is for the DWP to asess. However, DLA is a payment to manage the cost of the disability. Therefore, there is a risk that there could be a reduction if your son is not with you. It depends. Often the cost of the disability remains wherever a person stays because it covers things like equipment and carers.
The children's home would not receive the outstanding amount though because they are funded in different ways.
Can I clarify anything for you?
Jo