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DLA Claim for Child still under visa by parent with ILR status

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Saaar075
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Joined: Sun May 26, 2024 5:08 am
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DLA Claim for Child still under visa by parent with ILR status

Post by Saaar075 » Sat Jun 22, 2024 8:13 pm

Hi experts,

I am in ILR status while my child and wife are still under PBS dependent - GTV dependents to me. Child is 4 years age and has completed more than 3 years in UK.

I am wondering whether I am able to claim disability living allowance (DLA) for my child with disability. My local council disability advisor suggested sevaeral tome to me to apply for DLA to support the child.
I have seen similar posts on this forum where people have mixed answers on their success.
If DLA is granted will make any problem to the child ILR application? I checked the DLA website where it says following:

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

If I cannot claim DLA because child is still under immigration control, then I believe I can claim CHILD BENEFIT.

Amber
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Re: DLA Claim for Child still under visa by parent with ILR status

Post by Amber » Mon Jun 24, 2024 6:44 am

DLA is a public fund, as such your child must not be subject to immigration control eg their BRP must not say “no recourse to public funds”. In terms of child benefit, it’s potential that you claiming child benefit could breach the child’s no recourse to public funds restriction, as public funds are being paid due to their presence, but in practice I’ve not seen this happen. You could have a care needs assessment by social services as that’s not a public fund.
**this forum is not intended to be a substitute for professional advice**
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