DLA and EHCP — a child with NRPF has the right
Do you have a disabled child and you have NRPF? Apply for DLA right now. Under GOV.UK rules (April 2025): the child is the main applicant, eligibility is determined by their status. Breaching the NRPF condition before age 18 will not affect future immigration applications. DLA adds £164–£514/month to UC and exempts the whole family from the Benefit Cap.
IPSEA — specialists in SEND and education rights. Free. Help with EHCP and tribunal.
«For Disability Living Allowance and Child Disability Payment, the child is the main applicant and eligibility is therefore determined by the child's immigration status. If a child breaches their NRPF condition there would not be any impact upon a future immigration application, if the breach occurred when they were under the age of 18.»
Source: GOV.UK, April 2025
Why this changes everything
Eligibility is determined by the child's status, not the parents'. Even if the parent has NRPF — a disabled child has the right to apply for DLA in their own name.
Any DLA received by a child before age 18 will not affect future immigration applications — for the child or the parents. This is clearly confirmed by GOV.UK.
When a child gets DLA, the family (if on UC) automatically becomes entitled to the Disabled Child Addition: £164.79/month (basic) or £514.71/month (severe).
The Benefit Cap does not apply to a household where at least one member receives DLA. This means full UC without the £1,835/month cap.
How much DLA pays — 2026 table
| Component | Per week | Condition |
|---|---|---|
| Care — lower rate | £30.30 | Needs care for part of the day |
| Care — middle rate | £76.70 | Needs care for most of the day or night |
| Care — highest rate | £114.60 | Needs care 24 hours a day |
| Mobility — lower rate | £30.30 | Difficulty walking |
| Mobility — higher rate | £80.00 | Unable to walk independently |
Maximum combination (highest Care + highest Mobility): £194.60/week = £846/month. Source: GOV.UK DLA rates.
DLA claim — step by step
- Call DWP: 0800 121 4600. Ask for the DLA1 Child form. Say: «I want to claim Disability Living Allowance for my child.»
- Fill in the DLA1 Child form in detail: describe how your child is different from other children of the same age, all difficulties, medical diagnoses.
- Attach medical letters: from GP, paediatrician, OT (occupational therapist), speech and language therapist (SaLT). The more, the more convincing.
- Send it and wait for a decision (usually 4–8 weeks). If refused — appeal through mandatory reconsideration, then First-tier Tribunal.
EHCP — your legal right to school support
EHCP (Education, Health and Care Plan — a legal document that obliges the school and council to provide special help for your child) is a binding support plan. Section F (provision) must be specific: not «access to support», but «30 minutes weekly 1:1 with an HCPC-registered speech and language therapist». Schools have around £6,000/year SEN Support without an EHCP — with an EHCP, council resources are added.
- Request for EHCNA (assessment) → 6 weeks: LA decides whether to carry out the assessment
- Assessment → draft plan: 20 weeks maximum from request to final plan
- Only 46.4% are issued on time (DfE 2024, lowest recorded figure)
- ~35% of assessment requests are refused — but 99% of parents win at tribunal
A parent can request directly — not only through the school. Write to the council's SEN team:
«I am requesting an Education, Health and Care Needs Assessment for my child [name, date of birth] under the Children and Families Act 2014, section 36.»
Send it by recorded delivery or email with confirmation. IPSEA (0800 018 4016) can help with wording.
- Request a mandatory mediation certificate (free, does not oblige you to mediate — only needed for tribunal)
- Appeal to SENDIST (Special Educational Needs and Disability Tribunal)
- Parents win ~99% of cases at hearing (MoJ 2024-25)
- IPSEA (0800 018 4016) — free help with preparation
Frequently asked questions
Can a child with NRPF get DLA?
YES. GOV.UK April 2025: «The child is the main applicant. Breaching NRPF before age 18 will not affect future immigration applications.»
What does exemption from the Benefit Cap mean?
If a child in the household gets DLA — the Benefit Cap does not apply. The family receives full UC without the £1,835/month cap.
What is an EHCP and why do I need it?
EHCP (Education, Health and Care Plan — a legal document that obliges the school to provide special help) is a binding plan. 99% of parents win at tribunal.
How do I request an EHCP?
Write to the council's SEN team: «I am requesting an EHC Needs Assessment for my child under the Children and Families Act 2014.» The LA responds within 6 weeks.
What if my EHCP request is refused?
Get a mediation certificate → appeal to the SENDIST tribunal. IPSEA 0800 018 4016. Parents win ~99% of cases at hearing.