If you have a child with a disability you need to know about the various services in place to support you. Legally, a child is someone under the age of 18 years. Often however, parents (or other family members) continue to care for children with disabilities long after they reach adulthood.
Children with disabilities are entitled to the same services and family benefits as all other children. The emphasis in the following information is on those services and payments specifically related to disability. They apply whether the child was born with the disability or acquired it later.
Parents have an obligation to maintain their children until adulthood. Although a child with a disability may be maintained by their parents after the age of 18 this does not provide them with any special entitlement to provision in a parent’s will.
You may use a covenant as a tax-efficient way to give money to a child aged over 18, but this could affect the child’s entitlement to Disability Allowance.
If you want to make specific provision for your child, you should get legal advice. One option is a trust from which your child may benefit after your death. Many parents use discretionary trusts to provide for a child with a disability without affecting entitlement to benefits.
Most public sector occupational pension schemes, and some private sector schemes, have provisions that allow for the pension arrangements for dependent children to continue for the lifetime of a permanently incapacitated child.
There are a number of payments for carers that you may qualify for.
When your child reaches the age of 16 they may be entitled to Disability Allowance. Any means that the child has in their own right will be taken into account.
If your child takes up employment, it may affect their Disability Allowance. For more information about this, see Disability payments and work.
There is a range of tax reliefs available for the buying and use of vehicles under the Disabled Drivers and Disabled Passengers Scheme.
You may qualify for the Housing Adaptation Grant if you need to adapt your house for your child's needs. You should apply to your local authority.
Your child’s entitlement to health services depends on your family’s circumstances. If your family is not entitled to a medical card or GP Visit Card, your child may get an individual medical card if they have particular medical expenses, or else may be entitled to the following:
If your child is in residential care and aged over 18, they may be required to pay long-stay care charges.
There are various support arrangements for students
with disabilities in third-level education.
People with disabilities may access rehabilitative training core life skills or vocational training for work-related skills.
Read more about rehabilitation and training services for people with disabilities.
The rights of parents to make decisions on behalf of their children are the same whether or not those children have disabilities. This means that, in general, parents have no right to make decisions on behalf of their children once they reach 18. Children under 18 have the right to make specific decisions, for example, they may validly give consent to medical treatment from the age of 16 and they may legally engage in sexual activities from age 17.
In practice, parents of children with intellectual disabilities frequently make decisions on behalf of their adult children but they do not have the legal right to do so.
Your child may not be capable of managing money. If they are getting the Disability Allowance, you may be the agent appointed by the Department of Social Protection to deal with the money. If this is the case, you have the same responsibilities as all other agents. The money belongs to your child and you must use it for their benefit. If your child has substantial money or assets, it is likely that they will be made a Ward of Court.
If your child is capable of making decisions, then they may validly consent to medical treatment from the age of 16. If they are not capable of making decisions, it seems that you are entitled to make these decisions until age 18. After that, you have no right to make decisions on behalf of your child.
Sexual relationships between consenting people who are each over the age of 17, whether those relationships are heterosexual or homosexual, are generally legal. Some people with intellectual disabilities may not have the capacity to consent to a sexual relationship.
The criminal law provides that it may be unlawful to engage in sexual activities with a person with a learning disability even if that person consents. It is a criminal offence to have or attempt to have sexual intercourse with a “mentally impaired person” unless married to that person.
Parents of children with disabilities, especially those with learning disabilities are often concerned about how to ensure that their children are financially secure and that they will not be exploited. The mechanisms available are rather complex and not always effective. You may arrange to have your child made a Ward of Court.
Most parents of people with disabilities want to try to ensure that their children will be adequately cared for after their own deaths. You should get legal advice if you want to make special provisions for a child with a disability in your will and also ensure that they retain entitlement to benefits such as the Disability Allowance and medical card.
You may appoint a guardian in your will. This however only has effect if your child is under 18 when you die. It is not possible to appoint a guardian for an adult child.
If you have a question relating to this topic you can contact the Citizens Information Phone Service on 0761 07 4000 (Monday to Friday, 9am to 8pm) or you can visit your local Citizens Information Centre.