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CPAG in Scotland's Disabled Children and their Families Ebulletin - July 2009
Dear Colleague,
Welcome to the latest edition of CPAG in Scotland's Disabled Children and their Families e-bulletin keeping you up-to-date with relevant news and developments.
Contents:
CPAG in Scotland news and events
- New factsheet
- Training
News
- Higher rate mobility and children under 3
- Additional child trust fund payments for disabled children
- Employment and support allowance for 16 and 17 year olds
- Extended entitlement to free school meals
- Energy Assistance Package for families with a disabled child
CPAG in Scotland news and events
New factsheet
A new factsheet providing information for advisers on benefits and tax credit topics relevant to those working with families with a disabled child is now available.
Disabled young people outlines entitlement to benefits at 16: when a parent can and cannot continue to claim for a young person and whether the young person staying at home will be better off claiming in his or her own right if they are unable to work. You can view a pdf version online here or to request printed copies please email acarr@cpagscotland.org.uk.
Also available:
Disabled children-a checklist of financial help for families lists the range of benefit, tax credit and other help available to families with a disabled child or young person up to the age of 20. You can view a pdf version online here. An updated version will be available next month.
Training
Introduction to benefits for disabled children and their families - £25
23 November 2009, Glasgow (half-day)
Benefits for disabled children are underclaimed. Identifying potential entitlement can make a real difference to family income.This course is an introductory level course suitable for anyone who works with families and wants to know about benefit issues relevant to their clients to give basic advice or refer on and be able to ensure clients are not losing out financially.
We are offering it at the special discounted rate of £25 per person. It can also be delivered in-house or at a venue near you for a total cost of £150 for up to 20 participants.
Disability living allowance - caselaw and tactics
20 August 2009, Glasgow (half-day)
Course fee: £60 for CABs, £70 for voluntary organisations, £100 for statutory organisations.
Disability living allowance for children
22 October 2009, Glasgow (one-day)
Course fee: £90 for CABs, £105 for voluntary organisations, £150 for statutory organisations.
Reduced cost places are available for poorly funded groups.
If you would like to book a place please click here or contact Betty Kelly on (0141) 552 3303 / bkelly@cpagscotland.org.uk
To view our full training programme and for further information:
www.cpag.org.uk/scotland/training/courses
News
Higher rate mobility and children under 3
Permission has been granted for the parents of a disabled boy whose claim for the higher rate mobility component of disability living allowance (DLA) was refused because he was under 3 to judicially review the legislation that limits payment only to those of 3 and over. If this application is successful it will mean that the higher rate will be made available to children younger than 3.
In this case, the parents have argued that section 73 of the Social Security Contributions and Benefits Act 1992 infringes Article 14 of the European Convention on Human Rights by discriminating against disabled children younger than 3 who are unable or virtually unable to walk. Higher rate mobility is currently worth £49.10 a week and can be used to pay towards a Motability car. It is estimated that around 7,000 children in the UK could benefit if the application is successful.
In the meantime parents who have had their claim for the mobility component refused solely because their child is too young can appeal that decision and ask that the appeal is not finally decided until the outcome of this case. Thanks are due to Contact a Family for making us aware of this case. You can read more about it on their website here.
Additional child trust fund payments for disabled children
The Government has announced that from next year additional payments are to be made through the child trust fund for children in receipt of disability living allowance (DLA).
The child trust fund is a savings scheme for any child born after 1 September 2002 who is living in the UK and for whom child benefit is paid. Currently the Government makes a £250 payment into the account when the child is born and again at age seven; in addition a supplementary payment of £250 is made into the account of any child in a family receiving child tax credit (CTC), where the household income is not greater than £16,040 or where the person in receipt of CTC is in receipt of income support, income- based jobseeker’s allowance or income-related employment and support allowance. The savings cannot be released until the child turns 18 unless the child is terminally ill.
From April next year the Government will contribute an additional annual payment of £100 to the account of a child in receipt of DLA at any point in 2009-10, and £200 for children in receipt of the highest rate of the care component. Full details of the current scheme are available at www.childtrustfund.gov.uk and the changes affecting disabled children can be accessed at: www.hmrc.gov.uk/budget2009/bn52.pdf
Employment and support allowance for 16 and 17 year olds
Some disabled 16 and 17 year olds can claim employment and support allowance (ESA) instead of a parent claiming child benefit and child tax credit for them. Receipt of ESA for all but the most severely disabled claimants is also conditional on being as ‘job- ready’ as possible and so attendance at regular interviews and assessments is mandatory. For those claiming who are under 18- many of whom may still be at school- the requirements are less stringent but still retain an element of compulsion. The work-focused health-related assessment will still be carried out by a health professional at the medical assessment. Although not required to attend the series of six work-focused interviews that apply from age 18, the young person will have to attend a Learning Focused Interview (LFI) with Careers Scotland in week nine of their claim. This can only be deferred if thought to be unproductive at this particular time by a ‘16/17 year old Specialist Adviser’ in Jobcentre Plus who can also sanction a young person for failure to attend or ‘failure to participate in’ the LFI, resulting in a benefit reduction. Further LFIs may be required at Life Event Trigger points- examples given include if the young person begins part-time or permitted work or a course of education ends.
For more information on the options available to young people thinking about claiming ESA see our factsheet Disabled young people. The details above on what will be required of 16 and 17 year olds were provided by Jobcentre Plus in response to a request from CPAG. We would be grateful to hear from advisers about how the scheme works in practice for this age group, particularly those claimants who are still at school.
Extended entitlement to free school meals
44,000 more pupils from families in low-paid work are expected to benefit from free school meals in Scotland when term restarts in August. This is because the list of qualifying benefits and tax credits has been extended to include those in receipt of maximum working tax credit (WTC). At the moment only pupils whose parents are on income support, income- based jobseeker’s allowance or income-related employment and support allowance or who have an award of child tax credit and an annual income of £16,040 or less but who do not receive WTC could benefit from free school meals. From 3 August 2009 however eligibility is also extended to pupils whose parents receive maximum WTC (ie, have an annual income of £6,420 or less for the purposes of that benefit) allowing the children of families in low paid work to benefit for the first time.
Energy Assistance Package for families with a disabled child
Low income families with a child of under 16 for whom DLA is payable are eligible to apply for enhanced ( ‘Stage 4’) assistance from the Scottish Government and Energy Saving Trust scheme launched in April to replace the Warm Deal provisions.
The scheme makes grants of up to £6,000 to private tenants or homeowners towards improving the thermal insulation and energy efficiency of households and can include the installation or renewal of central heating systems and boilers as well as a wide range of insulation measures. Before April families with a disabled child were eligible only for a package of insulation measures not exceeding £500.
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Child Poverty Action Group is a charity registered in England and Wales (registration number 294841) and in Scotland (registration number SC039339). Company limited by guarantee registered in England (registration number 1993854).Registered office: 94 White Lion Street, London N1 9PF. VAT no. 690 8081 17.
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