Can anyone help me with this query please. I have received an enquiry about an 18 year old boy who is attending a residential school for people with disabilities. I have advised his mother that currently her CTC and CHB are paid at a higher amount than the ICB would be paid to the son but I am unsure about the future situation of premiums when he claims benefits in his own right (ICB and IS.)

I have established that disability premium would cease after 52 weeks if the client is in hospital but can find no reference to residential schools. Can he still receive it?

I know that enhanced disability premium is paid if higher rate of DLA care is in payment but can it be paid if the client is entitled to this but payments are suspended whilst he is at the residential school?

My other niggle is if premiums are not paid to the client either after DLA is withdrawn or after 52 weeks can he receive them if he spends week-ends and holidays at home with his mother? Would he receive 2/7ths of the weekly premium amount for week-ends?

I am beginning to confuse myself and tie myself in knots so would appreciate any input.

Cheers

If your client claims ICBY, and it is awarded, as it should be, the question of the disability premium whilst he is in residential college is not really an issue. If he depends on ICBY to attract the disability premium he will have to wait the 12 month qualifying period and by then he should be on £95 ICBY. Therefore his assessable income will be greater than his applicable amount for income support.

Depending on the status of the residential college (special accommodation etc) your client could try a claim (probably a long in this case!) for income support whilst on the lower rate of ICBY: if he can attract the disability premium (e.g. low mobility, unfit for work for 12 months etc). If he does claim ICBY then he should consider claiming IS for periods he will be at home and DLA is in payment.

I cannot give you a reference but I am sure the enhanced disability premium would not be part of his applicable amount if high dla care is not in payment.

DLA care can be awarded for home stays. Consequently the premiums associated with your client’s DLA care would come into effect for week-ends etc. DMG Memo vol 1/48 para 7 throws some light on such circumstances (Google it). If he spends Friday to Monday at home he may have the EHP in with his IS calculation for 4/7ths of the week as he should receive DLA care for 4/7ths of the week.

Hope this doesn't add to your knots!

The regs for the SDP (Sch 2 Income Support General Regs) say "in receipt of " but the commentary in Bonner adds that the right to the premium is not lost for the first 52 weeks of hospitalisation or similar even though DLA may no longer be payable. I don't know how much use this is for a claim made when already in "certain accommodation".

Brigid

Only the SDP is tied to the receipt of DLA care. The EDP is only tied to payability and can thus continue if DLA care has been suspended.(IS Gen Regs, Schedule 2, Paragraph 13A & CPAG page 657)

reg 13A states can continue during suspension under s.113(2) of Contribution & Benefits Act 92. s.113(2) deals with suspension while an inpatient in hospital or similar institution - not stays in residential care.