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DLA for Child living in EEA country

jackblack

Hi,

I might have a not-so-simple question. I am the legal guardian for a child who has been diagnosed with autism. He is now 13 years old and lives with foster care parents in an EEA country.

Supporting documents I have:

I am the legal guardian of that child
I live and work in the UK
Official foster care appointment by an EEA country
EEA Court decision that he has to stay living in that EEA country

Since I am the legal guardian of that child, am I allowed to claim DLA (Disability Living Allowance) on his behalf in the UK?

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Comments

Adrian_Scope

Good afternoon @jackblack and a warm welcome to the community.

I’m not actually certain of the answer so I’ve tagged your post as unanswered for now so we can come back to you.

poppy123456

Looking at the eligibilty criteria i'm going to say no, you will not be able to claim it. https://www.gov.uk/disability-living-allowance-children/eligibility

Eligibility

Usually, to qualify for Disability Living Allowance (DLA) for children the child must:

be under 16 - anyone over 16 must apply for Personal Independence Payment (PIP)
need extra looking after or have walking difﬁculties
be in England, Wales, a European Economic Area (EEA) country or Switzerland when you claim - there are some exceptions, such as family members of the Armed Forces
have lived in Great Britain for at least 6 of the last 12 months, if over 3 years old
be habitually resident in the UK, Ireland, Isle of Man or the Channel Islands
not be subject to immigration control

surfygoose

Is there a similar benefit that could be applied for to help him in the country that he lives in? I would have thought that would be the way to go, to apply for whatever support is available in his country where he lives in foster care. Sorry I don’t know if where he is living has good help for the disabled or not.