The Department for Work and Pensions has been challenged over the existing rules
A three-month rule affecting claimants of a key benefit has been thrust into the spotlight as the DWP faces calls to abolish it. Disability Living Allowance (DLA) for children in England and Wales can assist with the additional costs of caring for a child who is under 16 and experiences difficulties walking or requires considerably more care than a child of the same age without a disability.
They must satisfy all the eligibility criteria. The DLA rate ranges from £30.30 to £194.60 per week and is determined by the level of support the child requires.
However, to apply, existing rules stipulate that the child must have experienced the difficulties for a minimum of three months. It must also be anticipated that these difficulties will continue for at least six months, according to DWP guidance.
If, tragically, a child is approaching the end of life (for instance, due to a life-limiting illness), they are not required to have had these difficulties for three months. In those circumstances, help can arrive more quickly and at a higher rate.
The issue has now been raised by MPs as the DWP faces pressure to scrap the three-month rule. Michelle Welsh, Labour MP for Sherwood Forest, spoke during a debate in Westminster Hall on Wednesday, September 2, to call for reform.
Disability Living Allowance and the story of Mabel
Her plea came as she explained the moving case of a young girl. She said: “It is right and fitting that I start this debate where it all began for me, with dear Mabel – a brave, kind, clever, funny four-year-old girl who lives in my constituency – and her tenacious mum Rachael. When I was first elected to Parliament, I met with Rachael, my constituent, and she shared her experience with her daughter Mabel, who sadly had been diagnosed with cancer.
“Aged four, Mabel was diagnosed with Wilms’, a form of kidney cancer. After a horrifying six months, including two major operations and a tough course of chemotherapy, the family received the news that Mabel was free of cancer.
“Now, aged six, Mabel attends her local school, where I was fortunate enough to meet her, and is enjoying her life as a young child should. I know that the House will join me in wishing Mabel well.”
Mabel’s mum applies for Disability Living Allowance
The MP went on: “Following Mabel’s diagnosis, Rachael made an application for disability living allowance, which required completing a 40-page questionnaire that asks questions such as whether the four-year-old needs help monitoring their blood oxygen levels. Disability living allowance is supposed to support families of children with disabilities and serious conditions such as cancer. It can provide a lifeline of financial support at the time when it is most needed, yet the current system requires families to wait three months for the qualifying period. Let me be clear: the financial impact of cancer does not begin after three months. It is instant.
“Rachael shared with me that Mabel being diagnosed with cancer was the toughest time of her family’s lives. Despite that, she felt that they were in a more fortunate position than many of the other families on the ward.
“Rachael’s employer gave her six months off work as sick leave and her partner was able to work flexibly so that they could both spend time with their daughter at hospital. That time allowed Mabel to have support and care from her loved ones, and it allowed support from their family.
“I cannot even begin to imagine the anguish that families face with such a diagnosis – all the more when it is their child. Unfortunately, not every employer is able or willing to offer that support.
“That disparity should leave us asking: if we cannot be there when a child is diagnosed with cancer, what are we doing?”
DWP minister’s response over call to remove 3 month DLA window
Lilian Greenwood, the Parliamentary Under-Secretary of State for Work and Pensions, responded by firstly wishing Mabel, her mum Rachael and their whole family well. She then set out the current rules.
She said: “My hon. Friend called this debate to discuss the qualifying period for disability living allowance for children. As we have heard, DLA contributes to the extra costs that may arise as a result of a disability or health condition. For some, it can provide a total of just over £10,000 a year.
“It is usually paid to the child’s parent or guardian; it can help with the overall family finances and can be used as they see fit to meet their needs. It continues to be paid in full to children and young people under the age of 18 when they are in hospital.
“DLA is available if a child’s condition or illness is both of a long-term nature and one that gives rise to care or mobility needs. Payment begins once the three-month qualifying period has been satisfied. That helps to establish that the disability and resulting needs are of the long-standing nature for which this benefit is designed to offer support.
“The qualifying period provides a sensible division between short and long-term disability, but, importantly, it does not begin with the date of the claim; it starts with the beginning of the need for care and/or mobility that makes the child eligible for DLA. That period can start before the date of claim. The question as to when the need started will be taken into account by decision makers, meaning that consideration will always be given to whether the qualifying period has already been partly or fully completed prior to the date of claim.”
Yet the DWP minister went on to say that the department had no current intention of amending the three-month rule. She said: “Caring for a child who is seriously ill must be one of the most worrying and stressful situations that a parent can experience, which is why I am so glad that we have had the opportunity to discuss this issue today.
“Although there are no current plans to remove the three-month qualifying period from disability living allowance for children, my Department is already doing a significant amount of work and offering significant support. I assure my hon. Friend that we will continue to search for the right levers across Government to further strengthen support for parents in these terrible circumstances, and that we will always approach these issues with compassion.”
She also noted that between October 2024 and March 2025, the department recruited and redeployed in excess of 100 case managers to improve clearance times for child DLA new claims. Between 1 August 2025 and 31 March this year, the department cleared around 185,900 child DLA new claims, of which 68.3% were cleared within 45 working days. In that time, she said the percentage of claims cleared within these planned timescales rose from 4.7% to 90.7%.
The criteria for Disability Living Allowance (DLA)
Disability Living Allowance (DLA) for children is typically available if all of the following criteria are met. The child must:
- be aged under 16 – anyone aged 16 or over must apply for Personal Independence Payment (PIP).
- require additional care or experience mobility difficulties.
- be living in England or Wales at the time of claim (unless eligible to claim from overseas).
Should a child be approaching the end of life (for instance, owing to a life-limiting condition) you may be able to receive DLA for children more rapidly and at an enhanced rate. For children living in Scotland, apply for Child Disability Payment instead. If your child resides in Northern Ireland, apply for Disability Living Allowance for children in Northern Ireland.
DLA for children can be claimed whether you’re employed or not. Find out more at the gov.uk web page.
