The DWP says some children need to have a review as they may be owed money, with promise their current DLA award ‘will not decrease’ as a result
The DWP is urging families who made a claim for Disability Living Allowance between two dates for a child with a specific condition to check as they might be owed money. Department of Work and Pensions staff are currently carrying out a review of some cases after changes were made to claims guidance.
According to Contact, a charity which works with families of disabled children, the DWP is reviewing cases of children with a congenital heart disease who made a claim between February 1 2017 and October 13, 2020. It explained: “The Department for Work and Pensions (DWP) introduced medical guidance in February 2017 to help DLA staff make decisions on cases where a child had congenital heart disease. Following a review, new guidance replaced it in October 2020.
“The DLA unit will now review decisions it made between February 2017 – October 2020. It will apply the newer 2020 guidance to these cases, rather than the old 2017 guidance. As a result, some children are likely to be entitled to arrears of underpaid DLA.”
But it is warned that there are specific circumstances to qualify for a review. It said the DLA Unit is only reviewing cases where both:
- A child had congenital heart disease listed as a condition.
- It made the decision about the child’s DLA claim between 1 February 2017 and 13 October 2020. This includes where a decision was made not to award any DLA at all.
Contact added: “It will not be reviewing any decisions it made before February 2017, nor any decisions made after 13 October 2020. The DLA Unit has also made clear that it will not be reviewing cases where a child was on the maximum rate of DLA payable throughout this period.
“That means the high rate of both components (or highest rate care if aged under three years). It also won’t be reviewing any decisions that were made by an appeal tribunal.”
Congenital heart disease is the most common form of birth defect, affecting approximately one in 100 babies born in the UK. British Heart Foundation figures show there are around 5,000-6,000 babies born with CHD every year.
While there are no specific figures for the number of children claiming help for their additional living costs as a result of CHD, overall figures show more than 682,000 youngsters aged 16 or under qualified for DLA in the UK in 2023-2024 as a result of a health condition.
The DWP confirmed the call to families saying: “If you received a Disability Living Allowance (DLA) decision for your child between February 2017 and October 2020 and your child has congenital heart disease, you could be entitled to a review.”
It added: “The eligibility for Disability Living Allowance (DLA) for children looks at what additional support a child with a disability or health condition needs. The assessment considers if a child has difficulties walking or needs much more looking after than a child of the same age who does not have a health condition or disability.
“The Department for Work and Pension (DWP) has specially trained case managers. They will look at what additional support your child needs for mobility and care. In February 2017, medical guidance was created to support those case managers to make DLA awards for children with congenital heart disease (CHD). This guidance was updated in October 2020 and has been in use ever since.
“You might be affected if you received a DLA decision for your child between February 2017 and October 2020 and your child has congenital heart disease.” It said people would not be affected if:
- they were awarded the maximum rate available (the mobility component is not available to children under age 3)
- the decision was taken to tribunal
It added: “Due to data protection and personal information retention rules, the department has not been able to identify or contact everyone who may be affected by this change. You can contact DWP and request a review.
“If your child’s award increases during the review, they will receive a back payment. A DLA award will not decrease because of this review.”
Who can request a review
You can request a review, if you believe you are affected by this change and are:
- the parent or guardian of a child who is still under 16
- an appointee for a child if they are now over 16
- now over 16, able to manage your own affairs and do not need someone to act for you
How to request a review
Contact Disability Living Allowance for children and ask for a review. Explain your claim could be affected by the DLA CHD administrative exercise. Full details of how to do this can be found on the DWP website.
