disability living allowance

  • Child tax credit and disability element

    Last updated: June 16, 2017
    test case

    Following a data match with DWP, HMRC discovered that 28 000 families, subsequently revised to 33 000, had not been receiving the disability element of child tax credit. While this might have been going on since 2011, HMRC was only prepared to back date the child element to the April 2016.

    CPAG is challenging the refusal to backdate payments further on the basis that the underpayments were caused by official error. The case is currently at the First tier tribunal. A hearing date has not been set.

  • Refugee children – Disability Living Allowance – past presence test

    Last updated: May 24, 2017
    test case

    Update 09/09/2016: the DWP has now issued guidance, DMG Memo 20/16 and ADM Memo 21/16, confirming that it will not be appealing against the Upper Tribunal decision and that the past presence test is no longer applicable to claims for disability living allowance, personal independence payment, attendance allowance or carer's allowance.

  • Past presence test and aggregation rules

    Last updated: May 23, 2017
    test case

     Kavanagh v Secretary of State and Pensions CDLA/373/2016

    This appeal concerns the application of the ‘past presence’ test that requires disability benefit claimants to be resident in Great Britain for 104 weeks out of the 156 weeks prior to the claim. However, for claimants to whom an EU regulation applies, the past presence test is disapplied if they can establish a genuine and sufficient link to the UK social security system. Alternatively, they can seek to satisfy the 2 year rule by aggregating qualifying periods spent in another EU country under Article 6 of EU Regulation 883/2004. EU Regulation 883/2004 coordinates social security systems in the EU and Article 6 provides that certain periods of time spent in one member state can be aggregated when considering presence tests in another.

  • Benefits for disabled children and their families

    Level: Basic

    training course

    This half-day course offers practical advice both on checking that a family is getting all they should and on how you can help make claims effectively. It aims to help you recognise important issues, and equip you to advise directly or refer for specialist advice.

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  • Mental health and benefits

    Level: Standard

    training course

    This popular course is jointly led by Paula John, a mental health officer and social worker with extensive experience in mental health, and Alison Gillies, welfare rights worker with CPAG . It provides a practical and tactical look at working with people with mental health diagnoses to help secure full entitlement to benefits, and to help avoid some of the pitfalls of the system.

    The course covers:

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  • Night-time needs: DLA and children

    Issue 253 (August 2016)
    article

    Simon Osborne considers some recent caselaw about the disability living allowance (DLA) tests for attention/ supervision at night, in the context of the needs of disabled children.

  • Benefits for disabled children from age 16

    Level: Basic

    training course

    This basic level course focuses on the transition to adult benefits from age 16 for young people with disabilities or health problems who still live at home.

    It looks at changes to disability benefits for the young person, and introduces the circumstances in which a young person can claim adult benefits in their own right while still living at home.

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    Dates:
  • PIP and attendance allowance - an introduction


    training course

    This one-day course gives you an introduction to personal independence payment (PIP) and to attendance allowance (AA),  both vitally important benefits for people with disabilities. The course also looks at how disability living allowance (DLA) for adults is changing as a result of the introduction of PIP. This introductory course is aimed at advisers with little or no experience of these benefits. It will give you an understanding of the main rules and help you deal with common problems.

    The course covers:

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    Dates:
  • Evidence, education and extra needs: DLA and children

    Issue 245 (April 2015)
    article

    Despite the introduction of personal independence payment, the Upper Tribunal continues to consider important issues in relation to disability living allowance (DLA). Jon Shaw looks at some recent cases with implications for children’s entitlement.

  • DLA for children

    Level: Standard

    training course

    Disability living allowance (DLA) is the main way of meeting the additional needs of many children yet it is under claimed and hard to understand. This course looks at the DLA rules as they apply to children and considers how to fill in the form to avoid pitfalls and get the best outcome from the outset.

    This course covers:

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    Dates: