In this guide, we will be focusing on disability and child support law. There are various procedures in place to help both children with a disability and parents of children with a disability. We will provide an overview of these in our guide.
Additionally, we will explore the legislation in place that sets out your local council’s duty to provide help to those with a disabled child.
Furthermore, we will look at the piece of legislation that sets out a parent’s financial responsibilities when they are separated.
Whilst we have aimed to provide the information you need regarding the help in place for children with a disability, we understand you may still have questions.
If you do have any questions whilst or after reading, please get in touch by filling out the online contact form with your query.
Alternatively, please continue reading for more information.
Select A Section
- Is There A Disability And Child Support Law?
- What Is A Child Maintenance Payment?
- What Is The Disability Living Allowance For Children?
- Are There Any Benefits Provided If You Have A Child With A Disability?
- Learn More About Disability And Child Support Law
Under disability and child support law, such as the Child Support Act 1991, parents, whether divorced or separated and no longer living in the family home, have a legal responsibility to ensure that their child or children are provided for financially. This includes children with a disability.
However, there are other child support payments that parents can receive for children with a disability. We have explored these further in the sections below.
If you’d like to find out what your child is entitled to, you can get in touch using the details provided.
A child maintenance payment covers the cost of living for your child and how this will be paid when one of the parents doesn’t live with the child. It is made when one parent has separated from the other or if they have never been in a relationship.
This financial arrangement must be in place if you have a child under the age of 16 or under the age of 20 if they are still in full-time education.
The arrangement can be made privately or through the Child Maintenance Service. If the arrangement is made via the latter, they can help with working out an amount to pay as well as arranging the payments and taking any necessary action if a parent fails to pay the maintenance costs.
The Child Maintenance Service can also be used to avoid sharing your location or personal information with the other parent. For example, if there has been an incident of domestic abuse.
It’s important to note that the payments for child maintenance will not affect any benefits that you or your children already receive. This includes Universal Tax Credit. You also won’t need to pay tax on the child maintenance payments.
If a child is under the age of 16 and has difficulty walking or has needs much more than looking after a child of the same age who does not have a disability, they could qualify for the Disability Living Allowance (DLA). However, there are certain eligibility requirements. For example, the child usually must:
- Be under the age of 16
- Live in England, Wales, a European Economic Area country or Switzerland when you claim
- Have lived in Great Britain for at least 6 of the previous 12 months if over the age of 3
Some exceptions may apply to these criteria. The rules are also different in Northern Ireland and if you live in Scotland, you will apply for a different type of payment called a Child Disability Payment.
The DLA amount is between £24.45 and £156.90 per week. The amount given is determined by the level of help the child needs. However, you can apply for this regardless of whether you are currently working or not.
Under disability and child support law, such as the Children Act 1989, your local council has a duty to provide help if you have a disabled child. This can include:
- Holiday play schemes
- Care at home
- Financial help such as money towards travel costs for visits to the hospital
To find out if your child qualifies, you should contact the social services department in your local council. They can carry out a needs assessment to determine whether you qualify.
We hope this guide providing an overview on disability and child support law has helped. However, if you require any further information, you can get in touch with our team. They can answer additional questions regarding the duty of care owed by your local council as well as anything else you may be unsure of. You can reach them by filling out the online contact form on our website.
Other Resources Regarding Disability And Child Support Law
Below, we have provided some additional reading material from the government website that you may find beneficial.
- GOV – Apply for home equipment for the disabled
- GOV – Children with special educational needs
- GOV – Apply for short-term care for a child
- A Guide To Child Personal Injury Claims
- An Overview Of Disability Discrimination Law
- Child Head Injury Claims – What You Need To Know
We hope this guide on disability and child support law has provided you with the information you need. However, we understand if you need more information. To learn more, get in touch with our team using the details provided.