Can foster carers claim Disability Living Allowance for a fostered child?

A foster carer can claim Disability Living Allowance (DLA) for a fostered child if the child meets the DLA rules. The decision is based on the child’s care and mobility needs, not on whether they are fostered, looked after by a relative or living with their birth family. DLA is for children under 16 who have a disability or health condition that creates substantially greater care or supervision needs than those of a child of the same age, or who have significant difficulty walking.

DLA is made up of two possible components:

• Care component: for children who need help with personal care, supervision or support during the day, night or both.
• Mobility component: for children who have difficulty walking, are unable to walk, or have severe mobility needs that meet the relevant rules.

A child may qualify for one component or both. The level awarded depends on the type, frequency and extent of the help they need. A diagnosis alone does not automatically qualify a child. The application should explain how the condition affects the child in everyday situations, including what assistance is needed compared with a child of the same age.

Can a foster carer make the claim?

Usually, the person who looks after the child can complete the claim. This may be a foster carer, but it is important to discuss the application with the child’s social worker and fostering service first. They can help establish whether someone else is already claiming for the child and clarify any arrangements relating to the child’s care plan.

Only one DLA claim should be made for a child. If a parent, guardian or another person already receives DLA for the child, the foster carer should not submit a second claim. Instead, the adults and professionals involved should contact the Department for Work and Pensions to explain the change in the child’s living arrangements and establish who should manage the award.

What are the eligibility conditions?

For a child under 16, the DLA rules generally require the child to have had the relevant care or mobility difficulties for at least three months and to be expected to have them for at least a further six months. The child must also satisfy the applicable residence and presence conditions. Different rules can apply in some circumstances, including where a child is terminally ill, so the current application guidance should be checked before applying.

The assessment focuses on the child’s actual needs. Useful information can include:

• the help needed with washing, dressing, eating, toileting or taking medication;
• the amount of supervision needed to keep the child safe;
• support required during the night, such as settling, monitoring or responding to waking;
• communication, behavioural or sensory support needs;
• physical difficulties, fatigue, pain or restricted movement;
• the support needed outdoors and any difficulty following a familiar route; and
• how often the needs occur and what happens if support is not provided.

Give practical examples rather than relying only on medical terms. Explain what happens on better and worse days, how long tasks take, how frequently assistance is required and whether the child needs more support than another child of the same age. Information from the child’s social worker, school, health professionals or other people who know the child may help demonstrate the level of need.

How does a foster carer apply?

• Discuss the potential claim with the child’s social worker and fostering service.
• Obtain the current DLA child application form from the Department for Work and Pensions.
• Complete the form using detailed examples of the child’s care and mobility needs.
• Include relevant supporting evidence, while keeping copies of the application and documents sent.
• Return the claim using the instructions provided and respond to any further questions or assessment requests.

The fostering service may be able to help the carer describe the child’s needs, gather information and understand how the claim fits with the child’s care plan. A claim should not be delayed simply because the child does not yet have a final diagnosis if their day-to-day difficulties can be clearly described.

Does DLA affect fostering payments or other benefits?

DLA is intended to help with the additional costs of a disabled child and is not a payment for providing foster care. It is separate from fostering allowances and should not be treated as ordinary fostering income. However, the effect on other benefits or financial arrangements can depend on the household’s circumstances and the particular award. Ask the relevant benefits office and the fostering service for advice before relying on a change to your household income.

DLA is not automatically awarded indefinitely. The Department for Work and Pensions may make a fixed-term award and review the child’s needs later. Report relevant changes, such as a change in the child’s address, care arrangements, needs or who looks after them. When the child approaches 16, the benefit position may change and they may need to apply for Personal Independence Payment under the rules that apply to older people.

If you are unsure whether a fostered child’s needs could meet the criteria, speak first to the child’s social worker and your fostering service. They can help you identify the appropriate evidence and make sure the application reflects the child’s needs accurately.