Can anyone help?

Client has child in special educational establishment (child has AHAD, learning difficulties, and possible autism). As there was not a suitable establishment in her locality, child is in a boarding school. Comes home every Friday (1:30pm), back to school 10/10:30am Monday. This has been an issue since May 2003. Child qualified for high care low mob.

Client advises that DBU and carers allowance advised on day of admission to the school. IS and Child benefit advised following day. Client advised all agencies that child was not a ward of court and only reason at the school was purely educational. Client informed me that DBU advised that it all hinged on C Benefit: - if CB is maintained, DLA care still will be paid? On renewal claim (late 2004) care reduced to mid rate with note stating could not be paid from 2003, C Allowance has also stopped.

If it hinges on CB, I have noted in CPAG 2004/5 (page 95) that ‘absence from home is ignored if child is away only for the purpose of receiving full-time educational a recognised educational establishment, such as a boarding school’.

DBU are holding a position that client has not informed and, although no demand has been made, client faces possible considerable overpayment. Our client is adamant that all agencies where advised by phone.

Can anyone help; does the educational boarding rule apply for DLA, as it does for C B?