disabled children

  • Welfare rights resources


    CPAG in Scotland has a wide range of information and resources on benefits and tax credits. See our ebulletins and Scottish Handbooks below, or visit our factsheets page.

    Are you an adviser looking for our advice line number? See our Help for Advisers page.

  • Past presence test and aggregation rules

    Last updated: December 4, 2018
    test case

     Kavanagh v Secretary of State and Pensions CDLA/373/2016, 2016 [UKUT] 0547 (AAC)

    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 - a checklist


    This factsheet introduces the benefits that families with disabled children may be entitled to and lists some of the extra financial help available in Scotland for families.

    The information about benefits and tax credits in this factsheet is relevant UK wide but soem of the further information is aimed at Scotland.

  • Completing DLA statements for children and young people - suggestions for education staff


    Often when a parent claims disability living allowance (DLA) for a child or young person, s/he will ask school staff to complete a supporting statement. This factsheet aims to help education professionals complete the statement effectively.

    This factsheet contains information that is relevant UK wide.

  • 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 considers the circumstances in which a young person can claim adult benefits in their own right while still living at home.

    The course covers:

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  • 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 can be hard to understand. This course looks at the DLA rules as they apply to children. It considers how to fill in the form to get the best outcome for the child.

    This course covers:

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  • Benefits for disabled children and their families

    Level: Basic

    training course

    This half-day course offers practical advice on how to check that a family is getting all they should and how you can help them make claims effectively. It aims to give you an understanding of the benefits system, help you recognise important issues, identify points when a family’s entitlement may change and know when to refer for specialist advice.

    This course covers:

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  • 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.

  • Tax credits: child disability element fiasco

    Issue 256 (February 2017)

    Martin Williams discusses securing child disability elements for the 28,000 families who lost out due to the failure of the DWP to notify HMRC about awards of disability living allowance (DLA).