The following Family guidance note provides comprehensive and up to date legal information covering:
The court retains jurisdiction to make orders for maintenance where there is a disability living allowance paid to a child or where a child is disabled. A child is regarded as disabled if the child is 'blind, deaf or dumb or is substantially and permanently handicapped by illness, injury, mental disorder or congenital deformity or such other disability as may be prescribed'. This will be a question of fact in each individual case.
An application may be made for maintenance for a disabled adult child, as well as those who are still minors. In C v F the Court of Appeal held that a periodical payments order could extend beyond a child's 18th birthday where there were special circumstances such as a severe disability. The court may make an order to meet all the expenses attributed to that disability. Further, the court is not restricted to topping up an existing Child Maintenance Service
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