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New rules mean children who go into hospital won't lose their Disability Living Allowance

29 June 2016

Today (29 June 2016) sees the start of new rules which mean that parents of disabled children who go into hospital won’t lose their Disability Living Allowance

And, as long as their parent is caring for 35 hours a week or more, they won’t lose their Carer’s Allowance either. These changes will come into force in Northern Ireland on 6 July 2016. This is a culmination of a 5 year campaign started in 2010 by Contact a Family based on the case of Cameron Mathieson, which went all the way to the Supreme Court.

Emily Holzhausen OBE, Director of Policy and Public Affairs, said:

"It’s good to see this come into force, following the landmark judgment in the Supreme Court last July. It will mean a great deal to families who are affected now and in the future. The campaign’s evidence clearly demonstrated the impact that losing Disability Living Allowance had on the family such as the loss of income, loss of a Motability car, loss of Carer’s Allowance whilst expenses remained high for many. The research also showed that families still needed to provide a large amount of care whilst in hospital which made this case very compelling.  Hundreds of families will benefit as a result of this new policy when they most need it.”

This judgment only affects disabled children who are in receipt of Disability Living Allowance and it does not affect adults caring for adults. Carers UK has already used the judgment to make representations to Government where this policy affects carers in relation to the Benefit Cap decisions and we will be submitting this as evidence for the National Carers Strategy.

We’ve updated our advice and information in relation to the new rules around Disability Living Allowance for children in hospital and its impact on Carer’s Allowance.

If you want to find out more about the campaign run by Contact A Family visit their website or download their factsheet.

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