frequently asked questions
DISABILITY LIVING ALLOWANCE (DLA)
No. DLA is awarded based on Care Needs, not a diagnosis. If your child has extra Care Needs above those required for a typical child their age, you are able to apply.
No. DLA is not a means tested benefit. This means that your earnings are not taken into account when awarding DLA.
DLA can be awarded from 3 months old, or 3 months from when the Care Needs started.
A change in Care Needs has to be present for at least 3 months before you declare this to DLA. This is to ensure that the change is consistent and likely to continue. If you need to declare a change in Care Needs you will need to ring DLA to request a Change of Circumstances form.
You have one calendar month to challenge an award; firstly with a Mandatory Reconsideration (MR).
An MR is where you are asking for DLA to relook at their decision. To do this, we recommend ringing DLA to request their Statement of Reasons and advising that you will be submitting an MR in writing. (You can do this over the phone, but you are relying on a call handler to write down everything you say). Once you receive the Statement of Reasons, you can use this to compile your MR and submit it by post with further evidence (if required).
If you disagree with a decision made following an MR, you have the right to appeal the decision at Tribunal. Details of how to do this will be on the Mandatory Reconsideration Notice.
Education, Health & Care Plan (EHCP)
No. A diagnosis is not part of the legal test for an EHC Needs Assessment.
No. Academic attainment is not part of the legal test for an EHC Needs Assessment.
Yes. An EHCP can be issued from 0 to 25 years.
Schools do not make the decision on whether an EHCP is required. This decision is made by your Local Authority. EHCPs are also not issued based on levels of severity. If school are unsupportive of an EHCP, you can submit a Parental Request.
Only name the school that you want for your child. You have a legal right to name your Parental Preference school and you are under no legal obligation to name a mainstream.
Blue Badge
You can automatically qualify if you are registered blind or severely sight impaired, care for a blind child over the age of 2, or receive certain rates of disability benefits such as High rate Mobility on DLA. You may also qualify if you have a Hidden Disability.
A Blue Badge is valid for up to 3 years, or for as long as you qualify for a time-limited qualifying benefit.
A Blue Badge costs £10 in England, £20 in Scotland, and is FREE in Wales.
Not in all Counties. Some Counties have imposed stricter requirements on the evidence they require in order to process applications compared to other areas. A requirement for a diagnosis is not stated in the 2019 Law change to include Hidden Disabilities, but we recommend checking your Local Authority website for confirmation of the evidence they require.
A Blue Badge is linked to the person, not the vehicle. Therefore you can use the Blue Badge in any car, including Taxis and hire cars, that your child is travelling in.
Your Blue Badge usually lets you park for free:
- on streets with parking meters or pay-and-display machines for as long as you need to
- in disabled parking bays on streets for as long as you need to, unless a sign says there is a time limit
- on single or double yellow lines for up to 3 hours unless there’s a ‘no loading’ sign
You can’t use your Blue Badge everywhere - some areas have different parking schemes for disabled people. For example, there are different schemes in these areas of London:
- City of London
- City of Westminster
- Kensington and Chelsea
- Gatwick Airport
- Heathrow Airport
- Camden - you can still use your Blue Badge in some areas
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