DLA (disability living allowance) eligibility on ILR

[bilal_zain]

Hi experts,
I am confused about benefits entitlement. I got ILR a couple months ago. I am wondering whether I am able to claim disability living allowance (DLA) for my daughter who FLR(M) application is under consideration, before that she was on tier-1 dependent (expiry 28/02/2017).
Most of the posts say that after getting ILR, one can claim all benefits. www.GOV.UK website says as under

Eligibility

Usually, to qualify for Disability Living Allowance (DLA) for children the child must:
1.be under 16
2. need extra looking after or have walking difficulties
3. be in Great Britain, another European Economic Area (EEA) country or Switzerland when you claim - there are some exceptions, eg family members of the Armed Forces
4. have lived in Great Britain for 2 out of the last 3 years if over 3 years old
5. be habitually resident in the UK, Ireland, Isle of Man or the Channel Islands
6. not be subject to immigration control

the above criteria no 6 says that child must not be subject to immigration control. this means that my daughter is not eligible until she ILR . It doesn't say that if one of parent got ILR then they can claim benefits.
and for immigration control www.gov.uk says

You’re ‘subject to immigration control’
1.You can’t claim Child Benefit if you’re subject to immigration control, unless you’re:
##a sponsored immigrant - someone else has agreed to be financially responsible for you


this means that my dughter who is under immigration control but she is sponsor immigrant (i.e. dependent visa) can claim benefits. please help me with regards to this situation. and please also give refernces from UKBA or GOV.UK to be confirm and clear...

[Petaltop]

Hi experts,
I am confused about benefits entitlement. I got ILR a couple months ago. I am wondering whether I am able to claim disability living allowance (DLA) for my daughter who FLR(M) application is under consideration, before that she was on tier-1 dependent (expiry 28/02/2017).
Most of the posts say that after getting ILR, one can claim all benefits. http://www.GOV.UK website says as under

Eligibility

Usually, to qualify for Disability Living Allowance (DLA) for children the child must:
1.be under 16
2. need extra looking after or have walking difficulties
3. be in Great Britain, another European Economic Area (EEA) country or Switzerland when you claim - there are some exceptions, eg family members of the Armed Forces
4. have lived in Great Britain for 2 out of the last 3 years if over 3 years old
5. be habitually resident in the UK, Ireland, Isle of Man or the Channel Islands
6. not be subject to immigration control

the above criteria no 6 says that child must not be subject to immigration control. this means that my daughter is not eligible until she ILR . It doesn't say that if one of parent got ILR then they can claim benefits.
and for immigration control http://www.gov.uk says

You’re ‘subject to immigration control’
1.You can’t claim Child Benefit if you’re subject to immigration control, unless you’re:
##a sponsored immigrant - someone else has agreed to be financially responsible for you


this means that my dughter who is under immigration control but she is sponsor immigrant (i.e. dependent visa) can claim benefits. please help me with regards to this situation. and please also give refernces from UKBA or GOV.UK to be confirm and clear...

You posted your own answer.

[bilal_zain]

any input for the query below... please help...

Hi experts,
I am confused about benefits entitlement. I got ILR a couple months ago. I am wondering whether I am able to claim disability living allowance (DLA) for my daughter who FLR(M) application is under consideration, before that she was on tier-1 dependent (expiry 28/02/2017).
Most of the posts say that after getting ILR, one can claim all benefits. http://www.GOV.UK website says as under

Eligibility

Usually, to qualify for Disability Living Allowance (DLA) for children the child must:
1.be under 16
2. need extra looking after or have walking difficulties
3. be in Great Britain, another European Economic Area (EEA) country or Switzerland when you claim - there are some exceptions, eg family members of the Armed Forces
4. have lived in Great Britain for 2 out of the last 3 years if over 3 years old
5. be habitually resident in the UK, Ireland, Isle of Man or the Channel Islands
6. not be subject to immigration control

the above criteria no 6 says that child must not be subject to immigration control. this means that my daughter is not eligible until she ILR . It doesn't say that if one of parent got ILR then they can claim benefits.
.

[Amber]

DLA would be claimed by a parent for a child under 16. What's the status of both parents?

[bilal_zain]

DLA would be claimed by a parent for a child under 16. What's the status of both parents?

I got ILR but mother is still on FLR(M). on child benefit form it clearly asks for the person who is claiming (i.e. parent etc), but on DLA form it doesn't mention about the claimant. forms requires details about the child immigration status. After submitting DLA form I received a few page letter in which DLA has asked about child specifically, like
-when child first moved into UK
-does child have ILR or other permanent status etc
-nationality
has anybody claimed DLA while one of parent is on ILR but child and other parent are still immigration control? please share your experience , it will be very helpful.
thanks for your reply, cheers

[Amber]

Let me clarify what I meant, children under 16 qualify for DLA in their own right. If DLA is claimed for someone under 16 the Secretary of State appoints another person to receive and deal with the allowance on their behalf, usually a parent. However, the child must satisfy the adult conditions. What is the child's nationality?

[bilal_zain]

Let me clarify what I meant, children under 16 qualify for DLA in their own right. If DLA is claimed for someone under 16 the Secretary of State appoints another person to receive and deal with the allowance on their behalf, usually a parent. However, the child must satisfy the adult conditions. What is the child's nationality?

child is non-british and on FLR(M) depenedant visa and have been in UK for more than 5 years. is it same for child benefit as well? thanks
Regards,

[Amber]

Yes, I understand the child is non-British, but what is his/her Nationality? No, ChB is claimed and paid to a person responsible for a child/young person, usually a parent.

[bilal_zain]

hi,
Please share your experience regarding DLA eligibility issue. I contacted citizen advice beauru but they didn't have the clear cut answer.
My query is Whether I am eligible for child benefits and/or DLA benefits when I have indefinite stay (ILR) but my daughter who was born in Pakistan and has been here for more than 5 years and is under immigration control (dependent visa)?
who is the claimant? 80% posts here suggests that if parent got ILR then they can claim benefits, but 20% members say because child is under immigration control so he/she is not eligible.
Regarding immigration control GOVUK says

You’re ‘subject to immigration control’
You can’t claim Child Benefit if you’re subject to immigration control, unless you’re:
a sponsored immigrant - someone else has agreed to be financially responsible for you

Please share your knowledge & experience. I will be very thankful, regards,

[bilal_zain]

Just an update:
DLA refused as my daughter has no recourse to public funds even though I have ILR. This means that child is the claimant in entitlement sense but parent/carer/relative will act as supervisor.
so people on this forum who were suggesting that if parent got ILR then their kids with immigration control become eligible for DLA, are totally wrong.
hope that might be helpful to someone. thanks

[Amber]

No one on this thread indicated that the child would qualify so I do not know where you get that from?

You may wish to ask (click) for the child's BRP to be changed to allow access to public funds - perhaps considering the SoS duty under s55 Borders Citizenship and Immigration Act 2009 (click).

[bilal_zain]

Hi Amber,
Thanks for your reply. I need suggestions regarding my daughter citizenship registration.
My daughter is just over 6 years old and has Pakistani nationality. she came to UK when she was 9 months old as my PBS dependent so has been here for more than 5 years. I got ILR in Feb 2015. I am wondering can I apply for her citizen registration on discretionary basis (with my son who is UK born and is due his registration)?
or I should wait for my citizenship and then apply for her MN1 registration on discretionary basis? Also she was diagnosed as special needs child in UK and there aren't any appropriate facilities back in home country. I mean there are compelling reasons that her future lies here in UK. Thanks in advance for your input.
Regards

[VDev]

I have similar situation.

I am British but my spouse and kids has Indian nationality and are on spouse dependent visa type.
Can I apply for DLA for my kid even if his visa status is no recourse to public funds?
My child has been in UK for last 2.5 yrs.

Visa officer during our recent PEO appointment suggested I can apply for all benefits.
As a citizen I have got right to apply.
Officer stated claims should be made by my myself and not my dependent spouse and kids.

DLA advisors states that they cannot assure but can apply for DLA claim and wait for the decision ?
Advised to submit original passport, visa offer letter and brp card along with DLA application and supporting docs.

Please could someone advise and provide there experience.

Whether I should apply for DLA ? Or not. Please suggest.

I don't want this application to cause any type of issue during my kids ILR application.

Thanks
VDev

[bilal_zain]

Hi
I applied for my daughter on the assumption that parent are the one who should be free from immigration control. But it was refused as my daughter BRP card says no recourse to public funds.
But I am getting child benefit and it was approved though my daughter was still under immigration control i.e dependent visa.
Apply for your child and send their passport and BRP card then wait for the decision.
Even the staff from citizen beauru couldn't answer my query and suggested me to contact benefit immigration expert.
Please update once you get the answer from DLA team. Thanks

[VDev]

I British citizen applied for dla and I was requested to submit kid passport non British and brp ( no recourse to pfunds).
I received a call from dla officer asking for more info, when I explained the situation as detailed above. I was told not to send any passport and visa to dla office as they will make decision on the given information.

Dla approved letter received.