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UC and Child DLA

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4 months 5 days ago #293521 by PrincessSarah
UC and Child DLA was created by PrincessSarah
So, my background... I left a very controlling partner 5 months ago, taking our 9 year old son with me. Women's Aid helped me get housed by the council and we are now safe. They also helped me apply for UC, which I now receive. As a victim of domestic abuse, my work commitments were switched off for 6 months. This is due to expire next month.

Now... I have applied for a couple of local jobs but have no idea how am I am going to be able to go out to work. My son is autistic, albeit undiagnosed, and becomes extremely distressed at being separated from me. Because of this, he is home educated and we spend 24 hours a day together. It is currently 2am and I've snuck out of bed to type this, praying he doesn't wake up (he does sleep in his own bed occasionally, but generally needs me during the night as he doesn't sleep well).

I have skimmed through the guides on Child DLA and am confident he meets the criteria. I understand that I may then be eligible for the carer's element of UC. What I'm unsure of is whether this would satisfy the DWP that I no longer need to be looking for work/working? Also, what happens while the DLA claim is being assessed? Will my work commitments be on hold until a decision is made, or will I be expected to be actively seeking work?

Any advice or information is very much appreciated, thank you!

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4 months 4 days ago #293542 by Gary
Replied by Gary on topic UC and Child DLA
Hi PrincessSarah

You need to claim DLA for your son, if he gets middle or high rate DLA then you can claim Carers Allowance, this will be deducted from your UC but you will get an extra UC element called Care Element. You will also get an additional element with your UC allowance called, disabled child element. You willget the low element if your child gets the middle care component or the high element if your child gets the high care element.

As for your work commitments, you will have to have a discussion with your work coach.

The conditions for claiming Universal Credit are set out in a "claimant commitment" that most people will have to accept at the beginning of their claim. If you are part of a couple, you will each have a separate claimant commitment that may be different from each other's.

People who may not need to accept a commitment include those who lack capacity, those who have exceptional circumstances  where it would be unreasonable to expect them to agree a commitment (this is decided by the work coach on a case by case basis), or, From 15 February 2022 people with a terminal illness and less than 6 months to live were also excluded, and from 4 April 2023 this was extended to 12 months.

There are 4 conditionality groups:

* Group 1. No work related requirements
* Group 2. Work-focused interview requirement
* Group 3. Work preparation requirement
* Group 4. All work-related requirements

www.entitledto.co.uk/help/Claimant-commitment-Universal-Credit

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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