Disability Living Allowance Policy for Foster Carers and Children Looked After

This chapter was added in January 2024.

1. Introduction

Disability Living Allowance (DLA) is administered and assessed by the Department of Work and Pensions (DWP). Disability Living Allowance (DLA) for children: Overview - GOV.UK.

This benefit is designed to enhance and support a child's day to day experiences. It should be used as such and not saved in the long term.

The specific eligibility criteria for the benefit can be located on the above link.

There are two components to the DLA benefit, mobility and care, although it is paid in a single benefit and you will only need to complete one application form. There are three levels to the care component and two for the mobility component;

This amount is paid every four weeks directly into the designated bank account. DWP aim to provide this money in advance of any bank holidays. See DLA rates for children.

DWP are responsible for awarding and reviewing claims for DLA. As a Foster Carer you may be asked by the DWP to complete a questionnaire relating to the benefits received.

2. Expectations of Foster Carers in Receipt of DLA for a Child

The Secretary of State decides who the benefit is paid to. Foster Carers in receipt of DLA for a named child would be the appointee for them. The money would be paid to the Foster Carer into a nominated bank account.

We expect a separate bank account to be set up for the sole purpose of this benefit.

We expect Foster Carers to keep records of how the DLA is spent on the child. These records could reasonably be requested from either the Supervising Social Worker or the Child's Social Worker. This will be reviewed with the Foster Carer by their Supervising Social Worker at least every 3 months within a supervision visit.

While it is not the responsibility of BFC to monitor or review the use of DLA, if concerns are raised then this will be referred to the DWP for review.

DLA is not intended to be saved and will have implications when a child reaches 18. If they have 6000 or more when they turn 18 this will reduce their eligibility for other benefits.

It is the responsibility of the individual in receipt of the DLA payments to ensure that changes are registered with DWP and transferred appropriately.

If when a child moves on there is money in the account for them to use, this must be transferred when they move on.

3. How and When to Claim DLA

A child may come to the home of Foster Carer, already in receipt of DLA benefit. The Child's Social Worker will be responsible for working with the parents and contacting the DWP to ensure that the details of this benefit are changed. The Child's Social Worker will inform the parents of any new claims for DLA.

Any new claims for DLA must be discussed with the Supervising Social Worker and the Child's Social Worker before being submitted. Claims for DLA will need to be completed by the Foster Carer. This is not something that a social worker can complete for the child but they are able to help and assist with the application and additional evidence requirements.

Any claims for DLA must be discussed as part of the Childs review or placement planning meeting so that this can be formally recorded.

The claim must be completed in writing by visiting the DWP website and downloading the form. The Supervising Social Worker can assist with this as well as printing the form if necessary.

Any unreasonable refusal to claim for DLA where it is viewed that a child is eligible will be discussed under either standards of care concerns or a foster carers annual review.

4. How DLA can be used

There are no specific rules from the DWP on how this benefit can or should be used. However, it is intended to be used to support and enhance the day to day life and opportunities for the child.

Discussions should take place with the Supervising Social Worker and the Child's Social Worker about the use of the DLA.

DLA should not be used to reduce support required from the Local Authority. It should be used for additional support and requests.

Some examples of appropriate use would be the following, this is not an exhaustive list:

  • Specific activities that the child enjoys (horse riding, football, after school clubs);
  • To provide a 1:1 support worker to enable them to attend an activity or social event;
  • Transport costs such as taxis if this is more appropriate than other public transport;
  • Holidays that are at a time or location linked to the child's additional needs;
  • Specialist child care to enable the Foster Carers to go out;
  • Individualised equipment (laptop/computer, communication aids);
  • Special toys (bikes, play equipment, sensory toys);
  • Replacement clothing where there may be excessive wear and tear;
  • Help around the home to allow a Foster Carer to spend more time with the child.

This benefit will be discussed in supervision visits with the Supervising Social Worker and any additional guidance in relation to its use will be agreed then.

5. DLA and PIP

When a child reaches 16 they will be eligible to claim PIP rather than DLA. PIP payments can be made directly to the child where appropriate. There maybe some instances where this is not appropriate and this must be discussed with the Supervising Social Worker and the Child's Social Worker.

Any remaining DLA money must be transferred to the account where PIP will be received by the child.

Children and Young People should be supported by the Foster Carers to use this money appropriately and discussions around money management and budgets need to take place in advance of PIP being received.