Child Maintenance For Disabled Adult: ok so I’m... - Mencap

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Child Maintenance For Disabled Adult

Elle1984 profile image
6 Replies

ok so I’m planning ahead a bit here my disabled daughter is starting college in September and she has it approved on her EHCP for at least a year.

I’m hoping to get another year but I’m wondering has anyone gone through the process of getting maintenance for your adult child, she will never work, I cannot work because of my caring responsibilities. Dad wants nothing to do with her and I’m actually having to involve the child maintenance service after we had a private agreement and he decided one day he doesn’t want to pay anymore. He likes weaponising money against me and doesn’t seem to care it affects our daughter. I would love to be financially stable enough to tell him where to go, but I need to plan for when she’s done with education and I need to know if I can get maintenance for her past education. She is autistic, has a learning disability, ADHD, ocd, anxiety and a rare chromosome disorder. I just don’t know where to turn, I didn’t make this child by myself so why should I be solely financially responsible for her for the rest of my life while he gets to own his own home and do whatever he wants. Sorry if I’m ranting a bit I just don’t get why there’s not something in place for disabled adults.

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Elle1984 profile image
Elle1984
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6 Replies
Jofisher profile image
Jofisher

I don’t know about

Maintenance as mine never paid a penny so I was left to manage with my 16 year old daughter on my own and my disabled son. My son was entitled to benefits so I would contact the carers association they can do a carers need assessment and by doing this they will advise you on benefits you can claim and funding streams you may also be able to tap into. Good luck on your journey and to hell with your x so many leave because they can’t cope and are frankly to selfish to put others before themselves sad but so true in many cases especially with a disabled child.

Elle1984 profile image
Elle1984 in reply to Jofisher

wow I’m so sorry you’ve not had any financial help from your ex. I’m hoping child maintenance will help sort my ex out until my daughter is at least out of education, he’s messed me around with her maintenance for years it’s just now I’ve had enough and involved them, he’s apparently already phoned them and said we have a private arrangement in place and they don’t need to be involved but I told them to go ahead with it anyway as I don’t trust him as far as I can throw him. Absolute oxygen thief!! I read somewhere about taking them to court but it’s very vague and I don’t know the costs involved or the process. It’s disgusting that people can just walk away from their responsibilities with no come back.

Jofisher profile image
Jofisher in reply to Elle1984

I couldn’t agree more it takes two to make a baby normally so it should take two to pay for it.

Chocolate-heals-all profile image
Chocolate-heals-all

Hi there! I think you can bypass her dad and just arrange for her to get proper state benefits for daily living expenses. She’s entitled. You’ve done the first eighteen years. Let the state do what they’re supposed to do, to take the stress off you a bit. You’re her appointee presumably for disability benefits? Is she getting Personal Independence Payments? My son got those from the age of 16 (he had Disability Living Allowance before that) and I learned from hard experience that the time to ring to get the next level of benefits is before the person turns 18 - so now is the time for you to make the phone call re New Style Employment Support Allowance.

When my son turned 19 I approached the DWP and asked them to give him New Style Employment Support Allowance, only to get his national insurance stamps paid. The DSA benefits advisor had written an article advising that we do that anytime after they turn 16. The advisor put my son on the NSESA with no money but just the National Insurance stamps, and they told me to apply for Universal Credit for him. He was in school - and because his course was a Life Skills course and not a standard academic one the DWP agreed to do a Work Capability Assessment (they won’t usually do one, if a person is over 18 and on a course of education - that’s why it’s a good idea to try, now, to go for the New Style ESA, and get the Work Capability Assessment out of the way), and now he’s getting the income he will need for adult independent living and is also eligible for free eye care, prescriptions and dentistry. And housing benefit if he goes into rented accommodation. I suggest you try ringing your local Mencap for benefits advice. Neither you nor her dad should have any financial responsibility for her after she turns 18, for day-to-day expenses.

The Telephone Number for ESA ENQUIRY LINE is 08001690310

I first rang 08000 556688 re New Style ESA so I’m not sure now which number is best

For NSESA They needed a “fit note” from the GP which took a while and worked electronically.

Then once you have that in place you apply for Universal Credit; it’s a different process if you’re an appointee, and your daughter won’t have an online account with the UC robot

The UC number I think is 0800 328 5644 but there might be a different number for a new claim. When you speak, and when you go to the Job Centre, you have to keep reminding them that it’s a different process because you’re an appointee and therefore there’s no online account, and she doesn’t have to write a journal. They then confer and consult with their specialists and eventually get it sorted. I went to the appointment at the Jobcentre with my son who has two different diagnoses including autism, and he refused to speak, because of his anxiety, and the nice lady “got” him and straight away said “no requirement to seek employment or to talk with a job coach”

Here’s a link to an article.

contact.org.uk/wp-content/u...

Yes my son now 22yrs old gets Universal Credit as well as Personal Independent Payment (United Kingdom) and he cannot work and Doctor gave letter - Fitness Note that he cannot work - all is good

CrazyDaisy68 profile image
CrazyDaisy68

Hi there, I had this situation recently and CMS didn't even know their own legislation! After submitting complaints, the complaint handler's team conceded and agreed with me. A disabled dependant ' qualifying child' (their terminology), can be eligible for maintenance up to their 20th birthday, providing they are in non-advanced, full time education. Have a look at the Child Support Act 2012:

Section 55 of the Child Support Act defines a qualifying child as someone under 16, or someone under 20 who meets prescribed conditions.

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