Claiming DLA

Jacadie
Jacadie Community member Posts: 10 Connected
edited November 2022 in PIP, DLA, and AA
Hi, i'm looking for some advice for my brother who i think is not really aware of what he should be doing in his circumstances and i have no idea about dla.
He and his wife seperated 3 months ago and she has moved to a different area. They have claimed dla for the past 3 yrs for their son who has stayed living with my brother and he is the main caregiver with his mum taking him out for a few hours one day per fortnight.
I am wondering with regards to the dla if the claim itself is actually in the childs name or if it is in both the parents name on behalf of the child? Does dla have to know who the main caregiver is?
My brother has made a claim for UC but is getting no help such as council tax support.
His wife filled in the paperwork for the dla and payment has always been made into her own bank account. Does this mean that she is classed as the claimant? My brother has no letters for the dla, any letters are addressed in his wifes name so i'm unsure if both parents names would have even been on the application.
Since they seperated she sends him the payment for child benefit and dla as soon as it is paid into her account and told him they don't need to change anything as there is no " claimant" for dla, the claim is in the childs own name, its just her account that is used for the payment to be made into but i have a feeling that he's missing out on extra help such as council tax support or disability payment on top of uc for having a disabled child if nothing regarding the dla is in my brothers name as technically he's not the one in receipt of dla. 
Is there anything he needs to do or is it correct that his wife just sends him the payments?
I hope i'm explaining this correctly, thank you

Comments

  • calcotti
    calcotti Community member Posts: 10,005 Championing
    edited October 2022
    Council Tax Reduction has to be claimed separately from the local council. Each council can make different rules so whether or not there is any entitlement will depend on the circumstances and the local rules.

    Taking the support for the support for the child indirectly will be reducing his benefit entitlement. With a disabled child on his UC claim, apart from the child and disabled child element, he would also be able to claim the carer element (unless he already gets the LCWRA element). Moreover as a carer under Uc he would have no work or work related requirements.

    She shouldn't be claiming child benefit if child does not live with her nor should she be claiming anything for him under UC (if she is). Not sure whether the DLA payments are OK - but it still seems more sensible for you to get them.
  • Hannah_Alumni
    Hannah_Alumni Scope alumni Posts: 7,906 Championing
    Hello @Jacadie

    Has there been any update on your brother? Did Calcotti's advice help you at all? 

    I don't know much about whose name the claim is under but the advice I would give here is that if your brother is still the primary care giver then I'd look at getting all payments and information transferred over. If one day, the child's mother is unable to be gotten ahold of, your brother may not have access to something important and needed. That process may be able to give him more answers too.

    You can also go through Advice Local to speak to a trained advisor.

    Hope you're all keeping well.