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DLA query - parents ILR status, kid Tier 2 dep

Questions and discussions about claiming benefits while living and working in the UK

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srsw
Senior Member
Posts: 866
Joined: Wed Nov 04, 2015 3:31 pm

DLA query - parents ILR status, kid Tier 2 dep

Post by srsw » Tue Apr 27, 2021 3:18 pm

Hi, does anyone have experience of claiming DLA when parents have ILR status but kid still on Tier 2 dependent visa status? I see conflicting advice and some from a number of years back, so just trying to understand the eligibility criteria better.

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm
United Kingdom

Re: DLA query - parents ILR status, kid Tier 2 dep

Post by JB007 » Tue Apr 27, 2021 4:07 pm

srsw wrote:
Tue Apr 27, 2021 3:18 pm
Hi, does anyone have experience of claiming DLA when parents have ILR status but kid still on Tier 2 dependent visa status? I see conflicting advice and some from a number of years back, so just trying to understand the eligibility criteria better.
The child must not be subject to immigration control (will needs to have at least ILR).

Usually, to qualify for Disability Living Allowance (DLA) for children the child must:

be under 16 - anyone over 16 must apply for Personal Independence Payment (PIP)
need extra looking after or have walking difficulties
be in Great Britain, a European Economic Area (EEA) country or Switzerland when you claim - there are some exceptions, such as family members of the Armed Forces
have lived in Great Britain for at least 6 of the last 12 months, if over 3 years old
be habitually resident in the UK, Ireland, Isle of Man or the Channel Islands
not be subject to immigration control

https://www.gov.uk/disability-living-al ... ligibility

srsw
Senior Member
Posts: 866
Joined: Wed Nov 04, 2015 3:31 pm

Re: DLA query - parents ILR status, kid Tier 2 dep

Post by srsw » Tue Apr 27, 2021 4:57 pm

JB007 wrote:
Tue Apr 27, 2021 4:07 pm
srsw wrote:
Tue Apr 27, 2021 3:18 pm
Hi, does anyone have experience of claiming DLA when parents have ILR status but kid still on Tier 2 dependent visa status? I see conflicting advice and some from a number of years back, so just trying to understand the eligibility criteria better.
The child must not be subject to immigration control (will needs to have at least ILR).

Usually, to qualify for Disability Living Allowance (DLA) for children the child must:

be under 16 - anyone over 16 must apply for Personal Independence Payment (PIP)
need extra looking after or have walking difficulties
be in Great Britain, a European Economic Area (EEA) country or Switzerland when you claim - there are some exceptions, such as family members of the Armed Forces
have lived in Great Britain for at least 6 of the last 12 months, if over 3 years old
be habitually resident in the UK, Ireland, Isle of Man or the Channel Islands
not be subject to immigration control

https://www.gov.uk/disability-living-al ... ligibility
Thank you for your response JB007. That means even Carer's Allowance is out of the question as DLA seems to be a prerequisite.

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm
United Kingdom

Re: DLA query - parents ILR status, kid Tier 2 dep

Post by JB007 » Wed Apr 28, 2021 8:44 am

srsw wrote:
Tue Apr 27, 2021 4:57 pm
That means even Carer's Allowance is out of the question as DLA seems to be a prerequisite.
Correct.

In 2005, the UK brought in face to face medical assessments for those who were on/wanting, disabilty and/or sick benefits: I think that government (Labour) awarded the contract for these medicals to ASOS. This has been continued by all successive governments; I'm not sure which company has the contract now.

Applicants might be told to attend one of these medicals (if they want to receive benefits) and continue to be told to attend these medicals (if they want the benefits to continue) throughout their benefit claim.

For Carers Allowance, the person they care for must be must be in receipt of the appropiate benefit.

srsw
Senior Member
Posts: 866
Joined: Wed Nov 04, 2015 3:31 pm

Re: DLA query - parents ILR status, kid Tier 2 dep

Post by srsw » Thu Apr 29, 2021 2:52 pm

JB007 wrote:
Wed Apr 28, 2021 8:44 am
srsw wrote:
Tue Apr 27, 2021 4:57 pm
That means even Carer's Allowance is out of the question as DLA seems to be a prerequisite.
Correct.

In 2005, the UK brought in face to face medical assessments for those who were on/wanting, disabilty and/or sick benefits: I think that government (Labour) awarded the contract for these medicals to ASOS. This has been continued by all successive governments; I'm not sure which company has the contract now.

Applicants might be told to attend one of these medicals (if they want to receive benefits) and continue to be told to attend these medicals (if they want the benefits to continue) throughout their benefit claim.

For Carers Allowance, the person they care for must be must be in receipt of the appropiate benefit.
Thanks a lot you for your response. Will explore again after getting MN1 sorted for my kid.

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