Introduction

As young people with learning disabilities transition between 15 to 19, they could become entitled to benefits and support in their own right. Their entitlement will depend on a variety of factors suchs as: whether they are still enrolled in full-time education, employed or have a certain amount of money in their name.

Every young person over 18 is likley to have a financial assessment for their health and care support needs. When young people leave education , it is common for local services to assess individuals’ abilities to contribute to their support. In Wales, there is a limit of £100 per week local authoritiies can charge for non-residential care. Follow this link to read the code of practice https://www.gov.wales/charging-social-care . It is important to note, some services come under low-level, low-cost care and support which are not included in the £100/ week maximum limit.

When young people are no longer in full-time education, they could be classed as an “independent” which could make them entitled to claim in their own right. It is important that families who claim for multiple people within their households monitor if their young people are classed as “dependent” or not. All families should discuss their awards with the Department for Work and Pensions (DWP) as each claim will be unique.

Means-tested Vs Non-means tested

Means tested -these are benefits that are assessed based on your income and savings, which often means the amount of money you have available. There is a sliding scale when recieving means-tested benefits, the more income and savings you have, the less support you are likley to receive.

Non-means tested -these benefits do not take into account how much you recieve in income or how much you have saved in the way that means-tested benefits do. Follow this link to find out more: https://www.turn2us.org.uk/jargon-buster/non-means-tested-benefit .

Life-long planning: managing wealth and Trusts

People who have a certain level of wealth, may not be eligible for means-tested benefits and could be expected to pay towards their care. Importantly, if people with support needs inherit wealth, they may be expected to pay for their support until their wealth decreases below the threshold.  

These are systems that allow people to manage assets in certain ways, there are a variety of options, and it is always advised to speak to qualified, registered professionals to assist you in these matters. The Law society has a list of registered solicitors on their website here.

 Trusts could be a way for families to ensure their young people benefit from their assets whilst receiving the right level of support. Trusts can help young people have trusted people (called trustees) support them to manage the assets. Trusts allow people who may receive financial support through means-tested benefits to continue this support, even if the assets exceed the income / capital limits. To find out more about Trusts, follow the link to UK government website here  . Scope have an informative website which explains how best to support young people with a learning disability, follow the link here.

Universal Credit and Access to Education

Families receiving universal credit can include a "disabled child element" in their claim. Once a young person reaches 31 August in their 19th year, the young person will not be included in the family claim.

If the young person needs a work capability assessment, it will have to be completed while the young person is not in the education system.

A work capability assessment can take months from the initial claim. This can be very important as some young people may start education before receiving the ability assessment result. Therefore, the young person will have to establish if they have a restriction to work before starting education.

To learn more, Contact has completed an article that can support this process here.

Key departments within the Department for Work and Pensions:

Disability Living Allowance - https://www.gov.uk/disability-living-allowance-children

Personal indepedent payment - https://www.gov.uk/pip

Universal Credit - https://www.gov.uk/universal-credit

Child benefit - https://www.gov.uk/child-benefit

Carer’s Allowance - https://www.gov.uk/carers-allowance

Appointee with DWP

When claimants (the people being awarded support by the Department for Work and Pensions) need some extra help managing their money, they can apply for an appointee. The appointee can do a variety of things such as budgeting with the claimant, receiving the money into their account and using the money in the best interests of the claimant. An appointe status does not give someone automatic access to other assets of the claiment they are supporting. An appointee is only relevant within the DWP.

It is important to note, this money is not awarded to the appointee but to the individual who is in need of the support. If families or friends are being considered as an appointee by the young person, they will need to contact the respective department to discuss the arrangements, follow the link here.