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DLA and parental responsibility change
- Batmanthedog
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4 years 2 months ago #256135 by Batmanthedog
DLA and parental responsibility change was created by Batmanthedog
Hi.
Question for a friend. She has a son who she gets DLA for. Son has big struggles in life and in order to get him into a safe setting for his needs, mother had to sign over 51% of parental responsibility to social services (long story)
She gets DLA (and child benefit) for him and continues to see him as much as she can and to spend it on him. She has receipts to prove it. The placement is reviewed every 3 months and so is not permanent.
What happens to the DLA? Can she continue to claim (and spend it on his needs)?
Thanks.
Question for a friend. She has a son who she gets DLA for. Son has big struggles in life and in order to get him into a safe setting for his needs, mother had to sign over 51% of parental responsibility to social services (long story)
She gets DLA (and child benefit) for him and continues to see him as much as she can and to spend it on him. She has receipts to prove it. The placement is reviewed every 3 months and so is not permanent.
What happens to the DLA? Can she continue to claim (and spend it on his needs)?
Thanks.
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- Catherine
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4 years 2 months ago #256139 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic DLA and parental responsibility change
Hello batmanthedog,
The powers that be like parents to decide between themselves who gets which benefit, and it would be nice to think your friend and her son's father can do this. I have a personal friend who is in a similiar situation; she receives all the benefits, but pays some of it over to the children's father.
To the best of my knowledge, if the father does not make a claim for these benefits then nothing changes. If he does then by default child benefit will go to the parent who has the main responsibility for the child. And again, by default, the parent who receives child benefit will receive the DLA payments. However, this does not have to be the case, and they can agree to have one each.
I suspect that this is not the answer you hoped for, but hopefully both parents will be able to agree something reasonable. I do hope so for everyone's sake.
Catherine
The powers that be like parents to decide between themselves who gets which benefit, and it would be nice to think your friend and her son's father can do this. I have a personal friend who is in a similiar situation; she receives all the benefits, but pays some of it over to the children's father.
To the best of my knowledge, if the father does not make a claim for these benefits then nothing changes. If he does then by default child benefit will go to the parent who has the main responsibility for the child. And again, by default, the parent who receives child benefit will receive the DLA payments. However, this does not have to be the case, and they can agree to have one each.
I suspect that this is not the answer you hoped for, but hopefully both parents will be able to agree something reasonable. I do hope so for everyone's sake.
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- denby
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4 years 2 months ago #256161 by denby
Replied by denby on topic DLA and parental responsibility change
Catherine with respect the situation may not be the same as you mention, as it is not the father but social services who have majority Parental Responsibility in this claimant batmanthedog's case according to the post. Regards Denby
The following user(s) said Thank You: Catherine, Gary
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- Catherine
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4 years 2 months ago #256164 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic DLA and parental responsibility change
Well spotted Denby, and thank you.
Batmanthedog, I apologise for missing that key part of your question. I wish I could give you any further advice based on me reading your post accurately, but I can’t.
I do hope your friend retains her benefits.
Catherine
Batmanthedog, I apologise for missing that key part of your question. I wish I could give you any further advice based on me reading your post accurately, but I can’t.
I do hope your friend retains her benefits.
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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