Disability Living Allowance - Children in Care in Foster Placements
Related guidance
Amendment
This chapter was updated in March 2023 in line with Local Procedure/Guidance.
Foster Carers who apply for DLA on behalf of the child must inform the child's social worker of the application and receipt of benefit if such application is successful.
Where a child who is Looked After is in receipt of DLA, this allowance should be spent on promoting the welfare of the child and/or in assisting carers, by assisting them in the child's care.
A record should be kept by carers of how the allowance is spent and this record should be shared with social workers and other members of the Directorate's staff on request.
Any savings which are accrued from DLA payments should be placed within an account which is clearly separate from that of the carer and in the child's name.
Arrangements for claiming and recording spending and/or saving DLA monies should be outlined within a child's Care Plan and recorded within their statutory visit forms and at their Looked After Reviews.
Doncaster Children's Services will, from time to time, ask to see any record of allowance monies which have been spent and/or saved. This will be also discussed within a Foster Carer's supervision and review. As detailed above it will also form part of the discussion at the Looked After Review.
Once a young person reaches the age of 16 they can claim DLA in their own right and it is for them to decide what the money is spent on. A "Welfare Rights Benefit Check" should be obtained for the young person at the age of 16.
Savings levels could potentially affect future entitlement to benefits for a young person. Therefore, once a young person reaches the age of 17 the level of savings should be reviewed, prior to claiming possible benefits at the age of 18 and over.
Any items and equipment purchased using DLA is the child's property and must move with them.
This policy will apply to all children who are Looked After by Doncaster’s Childrens Services within foster care placements, including those provided both "in house" and by fostering agencies. Requirements relate to those situations where a Foster Carer is the "appointee" who is claiming the DLA for the child.
Once a child becomes Looked After the child's social worker should ensure that contact with the Department for Work and Pensions (DWP) takes place regarding any existing claims for Child Benefit and DLA. Administrative support should be in place to ensure that this contact takes place. However, with regard to DLA the existing "appointee" (the person claiming the allowance) can continue to claim, unless the period of care lasts, or is intended to last for more than 12 weeks. Also, where a child goes home overnight parents can claim a percentage of the DLA. The parents would need to take responsibility for claiming this.
Two rates of DLA can be claimed for, the "lower rate" and "higher rate" and each has a care and mobility component. Where it is thought that a child may qualify for some element of DLA (for example where a child has certain behavioural issues and needs - he or she may qualify for the lower rate) the Welfare Rights service should be contacted for advice, by the Foster Carer or social worker.
Foster Carers who wish to claim DLA on behalf of a child should discuss this with the child's social worker. Where it is agreed that a claim should be made it may be helpful for the Foster Carer to seek advice and assistance from the Welfare Rights service in making the claim. The carer must inform the child's social worker of the outcome of the claim and of any benefit which is then payable. The carer must also inform the social worker where a claim is already payable.
DLA can be spent on items and services which benefit the child or the carer in looking after the child. These could include the following:
- Electricity/Gas to help to keep the child warm;
- Additional clothing such as underwear;
- Extra transport costs (related to disability) to promote mobility, such as taxi fares, bus passes - in some cases this could be to purchase a vehicle or towards the running costs for a vehicle to allow the child to be taken out;
- Treats;
- Extra washing costs;
- Extra costs for holidays and activities;
- Wear and tear on furniture costs;
- Additional clothing and footwear costs (sometimes these may need to be specifically made); and
- Special dietary or allergy free products etc.
How DLA will be spent and/or saved should be discussed with the child's social worker and within Placement Planning Meetings / Planning Meetings and an agreement reached. The outcome of these discussions should be recorded within the child's Care Plan and reviewed via the children in care Review process. If the child / young person is looked after subject to Sec. 20, 1989 Children Act, consultation with parents will be essential.
Recording is an important part of the Foster Carer's role and the Foster Carer should agree with the child's social worker how information about DLA will be recorded. The carer may have a special book or file with the information in it, which should be regularly updated.
The Supervising Social Worker will from time to time discuss this with the Foster Carer within supervision meetings and Foster Carer reviews. They will also ask to view the record from time to time. The child's social worker will also have access to these records relating to the child they are responsible for.
Where it has been agreed that DLA should be saved this must be within an account which is clearly separate from that of the Foster Carer and must be in the child's name.
Where a child goes home regularly a suitable calculation about the DLA allowance should be made. The child's social worker will discuss this with you and with the child's parent/s before a decision is made regarding how this will be claimed for.
When a young person reaches the age of 17 years he or she should be assisted to review their savings, to consider any impact on future benefits claims. This is important as any accrued savings will impact upon the eligibility of the young person to some benefits which could be means tested. A consultation with Welfare Rights should be offered to the young person by his/her social worker.
When the child moves placement or leaves to live independently, any items purchased from DLA monies is their own property which they should take with them.
Last Updated: August 18, 2023
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