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Non-means-tested benefits
Disability living allowance, personal independence payment and attendance allowance
 
Disability living allowance and personal independence payment for children
When a child under 16 gets DLA, the DWP appoints an adult to act on the child’s behalf. This adult receives DLA payments on behalf of the child. The appointee is normally the person with whom the child lives.1Reg 43(2) SS(C&P) Regs
If, when you start to look after a child as a kinship carer, s/he is already getting DLA, you can apply to become the appointee. Write to the Disability Benefit Centre (see Appendix 1), giving the child’s name, date of birth and reference number if you have it (you will find it on any letters from the Disability Benefit Centre about the DLA). Also provide your details (name, address, date of birth and national insurance number) and explain the circumstances. For example, you may wish to explain that the arrangement is expected to be permanent, or long term, that you have claimed or are in receipt of child benefit for the child, and the circumstances which led to the child living with you.
If there is disagreement about who should be a child’s appointee for DLA, the DWP decides. There is no right of appeal against this decision,2Sch 2 para 5(y) SS&CS(DA) Regs but you could complain if you are unhappy with the outcome (see here).
It is expected that DLA for children will start to be replaced in Scotland from 2021 by child disability payment. At the time of writing, the details of appointeeship arrangements for child disability payment were not finalised.
If you are already looking after a child as a kinship carer, and you think s/he may be entitled to DLA, you can make the claim on her/his behalf. See Chapters 1 and 2 for more information and how to claim. If the child/young person you care for is aged 16 or over, s/he can make a claim for PIP.
 
Disability living allowance, personal independence payment and attendance allowance for adults
Being a kinship carer does not affect your own entitlement to DLA, PIP or attendance allowance (AA).
 
The effect of local authority payments
DLA, PIP and AA are not means tested and, therefore, local authority payments do not affect the amount of benefit you receive, either for yourself or for the child.
 
1     Reg 43(2) SS(C&P) Regs »
2     Sch 2 para 5(y) SS&CS(DA) Regs »
Carer’s allowance
If you are already entitled to CA (eg, because you are caring for an elderly relative), becoming a kinship carer does not affect your entitlement, unless you no longer satisfy the conditions of entitlement – eg, because you are no longer able to spend at least 35 hours a week caring for the disabled person.
If the child for whom you care gets the DLA care component at the middle or highest rate or PIP daily living component, you may be able to claim CA in respect of her/him if you satisfy the normal conditions of entitlement (see here). Only one person can claim CA for a particular disabled person. If there is more than one person who could be entitled, you can agree who will claim. If agreement is not possible, the DWP decides. There is no right of appeal against this decision.1s70(7) SSCBA 1992; reg 7 SS(ICA) Regs; Sch 2 para 3 SSA 1998
 
The effect of local authority payments
CA is not means tested and, therefore, local authority payments do not affect the amount of CA you receive.
 
1     s70(7) SSCBA 1992; reg 7 SS(ICA) Regs; Sch 2 para 3 SSA 1998 »