DLA award as child turns 16

Hello,

I’m working with parents who are worried about how their child’s DLA award will be affected when the child turns 16. I’m trying to find out what procedure the DWP follow when a child (under 16) in receipt of DLA (via an appointee) turns 16.

The Disability Rights Handbook states only that at 16, a person can claim benefits in their own right and that if the child turning 16 is “mentally capable” of managing their own money with or without support then the appointeeship will end.

I would like to know how the DWP assess the child’s mental capability. Is there a medical examination? Is there an assumption of capability? Does the appointeeship automatically end? Also, will the DWP generally ask for a renewed DLA claim?

Has anyone come across this situation or know how the DWP will act?

Thanks in advance for any help.

Jonathan Mercer

Have a look at the internal DWP manual: http://www.dwp.gov.uk/publications/specialist-guides/agents-appointees-attorneys/

In my experience officers visit from the local service team of the PDCS and interview the parties applying a common sense approach. Think the main problem is that once set up there is no further checks and sometimes the young person’s DLA is not used for the purpose intended.

Thanks. Both posts are very helpful and I think I’ve got the info I need (and I’ve also distinguished between a parent claiming DLA on their child’s behalf and an ‘appointee’ who receives the payments for over-16s who lack the mental capability to manage their benefit claim).

All best,
Jonathan.