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Over 16 with special needs

 
At the age of 16, young people with disabilities can usually choose to claim benefits in their own right (even if they are still at school or college) or remain as part of your claim.

If the young person cannot manage their affairs at 16, their parent or guardian can continue to claim benefits for them.

Get advice!

In most cases you will be better off if you continue to claim for your child. But it is important to get full benefits advice about this to make sure that you don't miss out.

Disability Living Allowance (DLA)

If a young person has been getting Disability Living Allowance, their claim will be looked at again when they reach 16. They will not necessarily lose their DLA, but it might be paid at a different rate (which may be higher).

They may also be able to get DLA now even if they could not get DLA as a child. 

Incapacity Benefit

This is a weekly benefit paid to people who cannot work due to illness or disability. Most 16 and 17 year olds with disabilities can get Incapacity Benefit if they have been unfit for work for 28 weeks. They can claim even if they haven't paid any national insurance contributions.

Income Support

Some 16 and 17 year olds with special needs can claim Income Support on top of other benefits if they are staying on at school or college or are an Entry to Employment (E2E) trainee.

How does this affect parents' existing benefits?

Once a young person starts claiming benefit in their own right, their parents' benefits and tax credits claims will be affected.

Important: Parents should get advice before their child claims if they get Income Support, Income-based Jobseeker's Allowance or Child Tax Credit - most families are not better off claiming separately and could lose by doing this. You can get full advice about this by contacting Greenwich Welfare Rights Service (see below).

Child Tax Credit and Child Benefit will stop if the young person gets benefits in their own right. Parents will also lose any extra money that may be included in their other benefits, for example Housing Benefit and Council Tax Benefit. Carer's Allowance can continue if the child still gets DLA Care at the middle or higher rate.

More information

For information and advice, you can download the Benefits for Children with Special Needs leaflet or contact Greenwich Welfare Rights Service using the number on the right or our online enquiry form.

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