Child disability Element

[Pauline]

Evening,

So I thought I was pretty clued up on UC.
I believed that when a child is awarded low//middle rate care you receive £128 extra with disability element and £402 if awarded High Rate.
I recently helped a friend apply for the Scottish version of DLA and her was awarded Middje rate. She already has a son on High Rate Care.
she up dated UC and her statement has been done and she is receiving £402 for both children so £804 amonth. She challenged this and uc have came back with the middle rate also receives £402 a month and its all been verified so its correct. We have checked and on her UC it correctly says child a receives middle rate CDP and child b receives high rate DLA.
she has phoned and they tell its correct too. Middle Rate receives £402 a month disability element. She has now also received back pay from when her award started and its at the higher rate of disability element.
So is it different is its CDP?
middle rate will receive High Rate on UC too?

Pauline

[LotusFlower]

Hi Pauline and welcome to the community.

If your friend's children receive DLA high rate care and CDP middle rate care, then yes there should be one amount for the higher rate disabled child element at £402.41 and the child with CDP middle rate care the lower rate of £128.89 (totalling £531.30). However there is an exemption to this rule if a child is registered blind/severely sight impaired, this would qualify them to the higher rate disabled child element, I am unsure if this applies to your friend's child receiving CDP middle rate care, as this would be the only way she would be entitled to the higher rate disabled child element, based on the information you have provided.

For the lower rate disabled child element it can be any rate DLA or CDP, either mobility or care. To qualify for the higher rate disabled child element it would be DLA high rate care or CDP high rate care. The care component itself is also relevant if needing to claim the carers element. I am unsure if your friend is on a joint or single claim and if she has included the carers element as part of her UC claim? If she is on a single claim, provided she doesn't receive the LCWRA element, then she would be eligible to claim the carers element for one child. If on a joint claim then each person on the joint claim, can claim the carers element for a different child. The carers element will add an additional £163.73.

I have included a link below from the official parliamentary deposited papers that further supports what I have mentioned above (disabled child addition). Also included a screenshot of the relevant section from within the deposited papers too.



http://data.parliament.uk/DepositedP...dren_V17-0.pdf

[LotusFlower]