Non-means-tested benefits

Disability living allowance

If the child you have adopted gets disability living allowance (DLA) (or the Scottish replacement to DLA for children, child disability payment, once it is introduced - see here), s/he keeps getting it. If a child under 16 gets DLA, an adult is appointed to act on her/his behalf. That person receives payment of the child’s DLA. The appointee is usually the child’s parent. When a child comes to live with you, you can apply to become the appointee by writing 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.

Carer’s allowance

If the child you adopt is getting the middle or highest rate care component of DLA, you may be able to claim carer’s allowance (CA), provided you satisfy the normal rules (see here). You cannot get CA if you are ‘gainfully employed’ – ie, if you are earning more than £128 a week. Adoption allowance does not count as earnings for this purpose,1Regs 9 and 12 SSB(CE) Regs although SAP, SPP and SSPP do count as earnings.2Reg 9(1)(j) SSB(CE) Regs

If you are entitled to CA and you also get UC, IS, income-based JSA, income-related ESA, UC, PC or HB/CTR, you should get the carer element, carer premium or carer addition in your applicable amount.

 

1     Regs 9 and 12 SSB(CE) Regs »

2     Reg 9(1)(j) SSB(CE) Regs »