Benefits for children over 16 with additional needs

At the age of 16, young people with a physical or mental illness or disability can usually choose to claim benefits in their own right (even if they are still at school or college) or remain as part of your claim.

If the young person cannot manage his (or her) affairs at 16, his parent or guardian can continue to be his appointee and claim benefits for him.

Get advice

In most cases you will be better off if you continue to claim for your child. But it is important to get full benefits advice about this to make sure that you don't miss out.

Disability Living Allowance (DLA)

If a young person has been getting Disability Living Allowance, the benefit office may look at their claim again when they reach 16. They will not necessarily lose their DLA, but it might be paid at a different rate (which may be higher).

They may also be able to get DLA now even if they could not get DLA as a child.

Employment and Support Allowance (ESA)

This is a weekly benefit paid to people who cannot work due to illness or disability. Most 16 and 17-year-olds with disabilities can get Employment and Support Allowance if they have been unfit for work for 28 weeks. They can claim even if they haven't paid any National Insurance contributions.

Income Support

Some 16 and 17-year-olds with additional support needs can claim Income Support on top of other benefits if they are staying on at school or college or they are an Entry to Employment (E2E) trainee.

How can parents' existing benefits be affected?

When a young person starts claiming benefits in their own right, their parents' benefits and tax credits claims will be affected.

Important: Parents should get advice before their child claims if they get:

• Income Support
• income-based Jobseeker's Allowance
• income-related Employment and Support Allowance
• Child Tax Credit.

Most families are not better off claiming separately and they could lose out by doing this. You can get full advice about this by contacting the Welfare Rights Service.

Child Tax Credit and Child Benefit will stop if the young person gets benefits in his or her own right. Parents will also lose any extra money that may be included in their other benefits, for example Housing Benefit and Council Tax Benefit.

Carer's Allowance can continue if the child still gets DLA Care at the middle or higher rate.

More information

For information and advice, you can download the Benefits for Children with Special Needs leaflet or contact the Welfare Rights Service.