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Update - DLA

The Government have confirmed that Disability Living Allowance is to be abolished and replaced by a new benefit called Personal Independence Payment (PIP) in 2013/14.

Money & Benefits - Disability Benefits

 

Disability Benefits can often be a confusing topic, in this section we have included a list of benefits, and who might apply for what. For benefits rates, look here>>
If you are unsure what benefits you might be entitled to, you can get help from organisations like CAB or One Voice. We use a really good website, which you can use yourself to find out your entitlement>>
it is a confidential online form asking you questions about your finances and personal circumstances and advising you which benefits you may be entitled to.

Attendance Allowance

Attendance Allowance (AA) is for people over 65 who need help with care and supervision.

There is no benefit for people over 65 who need help with mobility.
AA is tax-free and it is not means tested so it won't affect your pension or income support.
When you apply, remember that it is about the help you need, not the help you get, so if no one actually helps you with your care or supervision needs, you may still get benefit.
To get the lower rate of attendance allowance, you must need one of the following kinds of help from another person because of your disability:
* frequent attention during the day in connection with bodily functions, (this means things like bathing, dressing, toileting, breathing, eating, talking, etc)
* continual supervision during the day to avoid substantial danger to yourself and to others.
* At night you need prolonged or repeated attention in connection with bodily functions.
* At night you need someone to be awake frequently or for a long period of time, to watch over you to avoid substantial danger to yourself or others.
You must have needed this help for the last 6 months.
To get the high rate) of AA, you need to meet at least one of the day conditions and one of the night conditions.

Disability Living Allowance (DLA)
DLA is for people under 65 who need help with care or getting around(mobility).
Care Needs
This is at 3 different rates, low, medium and high.
To qualify for high rate care you must need either
*           frequent attention with regard to bodily functions
*           continual supervision to avoid danger to yourself or others throughout the  day; and either
*           frequent attention with regard to bodily functions
*           someone to stay awake to keep watch over you for long periods at night.
To qualify for middle rate care, you need to meet one of the 4 conditions  above.
To qualify for low rate care you must need attention in connection with your bodily functions for a significant part of the day, or be unable to prepare and cook a main meal for yourself because of your disability.
Mobility Needs
This is at 2 rates.
To get the low rate, you must be 5 years or over, and require guidance or supervision from another person when walking outside, because of disability.
Children under 16 must need substantially more guidance and supervision than a usual child of their age.
To qualify for the higher rate, you must be unable to walk, or virtually unable to walk.The assessment of whether you are virtually unable to walk looks at your speed distance time and manner of walking before you feel severe discomfort.

Incapacity Benefit
Incapacity Benefit was replaced in 2008 by the Employment and Support Allowance (ESA). Only those people already receiving Incapacity Benefit may continue to claim it. People on Incapacity Benefit will be moved over to Employment Support Allowance between 2010 and 2013
Incapacity Benefit (IB) is for people who cannot work because of illness or disability. This includes both physical and mental impairments.
You may also be treated as incapable of work if you have already passed a personal capability assessment, and you were on a Jobcentre Plus programme to get back into work and you are now reclaiming within the 52 week period.
To continue to receive Long term Incapacity Benefit you must get enough points in the Personal Capability Assessment.
The Personal Capability Assessment  looks at your capability to return to work. There are 14 sections to test, to pass the test you need 15 points. You can only count 1 set of points from each section. The points in each section range from 0 -15.
The questions are related to sitting, standing, bending, reaching, lifting, talking, hearing and seeing, as well as questions around dizziness and seizures and continence.
Personal Capability Assessment - mental disabilities
To pass the mental disabilities test you need to get 10 points in total, from the tasks listed. If you score between 6 and 9 points and have 6 points from the physical disabilities test, you also qualify.
The questions are related to how you cope with everyday life, completing tasks, interacting with others, and coping
Employment & Support Allowance(ESA)
In 2008, Employment and Support Allowance (ESA) replaced Incapacity Benefit, all new claimants must apply for Employment and Support Allowance which has 2 phases.
The assessment phase rate is paid for the first 13 weeks of your claim while a decision is made on your capability for work using the Work Capability Assessment.
 The purpose of the Work Capability Assessment is to determine whether you will continue to get ESA after the assessment phase, to decide whether the next step is to put you in the  work related activity group or the support group, and to produce a report for use at work focused interviews.
If you are assessed as not having a limited capability for work, you must sign on for Jobseekers Allowance.
The main phase starts from week 14 of your claim, if the Work Capability Assessment shows that your illness or disability does limit your ability to work.
At this stage you will be placed in either the Work Related Activity Group or the Support Group.
The aim is for nearly everyone to end up in the Work Related Activity Group.
People placed in the Work Related Activity Group, will be expected to take part in work focused interviews with a personal adviser. They will get support to help prepare for suitable work.
People in the Work Related Activity Group will receive a work related activity addition(££) to their basic rate. 
If you are placed in the Support Group because your illness or disability has a severe effect on your ability to work, you will not be expected to take part in any work. You can do so on a voluntary basis if you want to. You will receive a support component in addition to your basic rate.
Working Tax Credit
Working Tax Credit is for people on a low income. There is a part of working tax credit aimed at disabled people.
To get this you must be at least 16, either you or your partner must be working 16 hours or more a week, and you must have a physical or mental disability that puts you at a disadvantage in getting a job, and you are or were getting some kind of disability benefit.
Also, your income must be within a limit to get the tax credit.
You can get a claim pack from Jobcentre Plus, or telephone: 0845 300 3900, textphone 0845 300 3909.
If you are refused tax credit and you think they have worked it out wrong, you can write a letter asking them to look at it again, if this doesn’t work you can appeal through the benefits tribunal service.
Appeals and Tribunals
You can appeal against a DWP decision on your benefit if you disagree with their decision. You may disagree about your entitlement, the amount they award, the length of the award etc.
You can appeal right away, or request a review.
You must appeal within 1 month of the decision.
One Voice can help you with your appeal.
Appeals for Incapacity Benefit, Severe Disablement Allowance, Disabled Person's Tax Credit, Attendance Allowance and Industrial Injuries Scheme will be heard by a Disability Appeal Tribunal - this is an independent body.
Ask for an oral hearing - this means you (and a representative) will go to the hearing to present your case. Oral hearings have a higher success rate than paper hearings.
Preparing
As soon as you know you are going to appeal make sure you ask for copies of all documents the Benefits Agency have about your case.
This will include the reports of any Benefits Agency doctors who have visited you.
Go through the case papers and make notes about all the medical and other evidence against you.
You need to get evidence that supports your case, and offers a different opinion from that of the DWP Doctor. Your own testimony is accepted, but more weight is given to medical evidence. So make sure you get your GP, consultant, physiotherapist etc to write a letter or report outlining your condition and the effect it has on your ability to do things. (like walking, working, care needs etc).
You must do this in advance, and send copies of any extra evidence to the Tribunal.
If you have a representative, s/he should find out about any other Tribunal decisions that might help your case.
You will get about 2 weeks notice of the date of the Tribunal hearing.
You should use this time to work out what you and your representative are going to say. The case papers are numbered, it is important to refer to these numbers when you are talking about a particular piece of evidence at the Tribunal, so make a note of them.

The Hearing
The Tribunal is made up of 3 people. The chair has a legal background (usually a solicitor), the other 2 members are a Doctor, and someone with a disability background (s/he may be a disabled person, or a carer, for example).
Sometimes an officer from the DWP will be there - they are not a member of the Tribunal, they are there to present evidence, the same as you and your representative.
The Tribunal members will ask you (or your representative) to present your case. They will ask you lots of questions about your condition, so that they can make their decision. Give as much information as possible.
At the end of the hearing, the chair will ask you if you or your representative have any further comments. If you think there is something that has been missed out, talk about it here.
In Wolverhampton your case will usually be heard at the Tribunal Service on Waterloo Road.
Afterwards
When the hearing is complete, the Tribunal will ask everyone to wait outside, while they come to a decision.
When they have made their decision, you or your representative return to the Hearing room, to be told of the decision.
The details of the decision will be sent to you at a later date.