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Money & Benefits

Disability Benefits

Disability Benefits can often be a confusing topic, in this section we have included a list of benefits, rates, and who might apply for what.

We have included extra information on Attendance Allowance (AA), Disability Living Allowance (DLA), Incapacity Benefit (ICB) and it's replacement the Employment and Support Allowance(ESA)
We have gone into some detail with disability benefits telling you who is eligible, how to apply, what things to include in a form, how to appeal against a decision etc
If you need more information you can contact the Government’s
Disability benefits hotline 0800 882200, or contact One Voice for more help or information.

The Benefits system is undergoing some changes, where we have some idea of how this will affect Disability Benefits, we have included that information

 

Benefits Rates 2008/09

Disability Benefits

Permitted work (ICB,SDA) Allowances:
limit £20/week, Higher limit (supported permitted work) £88.50/week

 

Income support JSA pension credit

 

 

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 (£39.35), you must need one of the following kinds of help from another person because of your disability:
1) By reason of disability you need frequent attention during the day in connection with bodily functions, (this means things like bathing, dressing, toileting, breathing, eating, talking, etc)
2) You need continual supervision during the day to avoid substantial danger to yourself and to others because of your disability.
3) At night you need prolonged or repeated attention in connection with bodily functions.
4) 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 (£58.80) 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.
Care Needs
This is at 3 different rates, low (£15.55), medium (£39.35) and high (£58.80)
To qualify for high rate care you must need either (1)frequent attention with regard to bodily functions or (2)continual supervision to avoid danger to yourself or others throughout the day; and either (3)frequent attention with regard to bodily functions or (4)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.
Mobility Needs
This is at 2 rates: low (£15.55), and High (£41.05).
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.
Virtually unable to walk looks at your speed distance time and manner of walking before you feel severe discomfort.

 

 

Incapacity Benefit

[NOTE: Incapacity Benefit will be replaced in 2008 by the Employment and Support Allowance (ESA), please read the ESA section so that you know what changes will happen to your benefits.]

Incapacity Benefit (ICB) is for people who cannot work because of illness or disability. This includes both physical and mental disabilities.
You may also be treated as incapable of work if you are pregnant but cannot get maternity pay, or cannot do your job because of pregnancy, if you are in hospital, or if you have dialysis treatment.
You may also be treated as incapable of work if you have already passed a personal capability assessment, and you were on ‘welfare to work’ and you are now reclaiming within the 52 week period.
There are 3 different rates of ICB, and different tests apply to each rate:
Short - term low rate – weeks 1-28
(£55.90 for claimant plus £34.60 for adult dependant)

This is for people who have been incapable of work for 4 days or more, and who do not get Statutory Sick Pay. - This includes people who are recently unemployed, and people who are self employed, and who have worked for 8 of the last 21 weeks.
This rate covers the first 28 weeks of incapacity.
To get the short - term low rate you must pass the
 'own occupation test'.
This test looks at whether you can do your usual job.
The DWP makes the decision based on the medical certificate they get from your doctor. Sometimes they ask you to come in for a medical.
If you have been unemployed for some time, you will have to pass 'personal capability assessment test', from the start of your claim. The DWP will send you a questionnaire to fill in.
Short - term High rate – weeks 29-52
(£66.15 for claimant plus £34.60 for adult dependant)
This rate is for people who have already been incapable of work for 28 weeks. To get this rate, you must pass the personal capability assessment test', unless you are exempt.
People exempt from the test are people who get high rate DLA care or Constant Attendance Allowance, people who have been assessed as 80% disabled, people with one of these conditions: severe learning disability, severe mental illness, blind, tetraplegia, terminal illness, severe wasting disease (like advanced Parkinson's), progressive polyarthritis, severe immune-deficiency paralysis of one side of the body, brain injury etc.

Long term Incapacity Benefit – after 52 weeks (after 28 weeks if you get DLA high care or you are terminally ill)
(£74.15 for claimant plus £44.35 for adult dependant)
To qualify you must pass the Personal Capability Assessment, unless you are from an exempt group (see above)
Personal Capability Assessment - physical disabilities.
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 disabilites 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 with pressure.

 

Employment Support Allowance (ESA)

In 2008, Incapacity Benefit will be replaced by Employment and Support Allowance (ESA), which will be paid at two rates; a ‘Work related activity component’ for people able to move towards work and a ‘Support component’ for people unable to work.
The Government expects that nearly everybody who is presently on Incapacity Benefit will move on to the work related activity component, and be expected to attend work focused interviews or lose the benefit. (The interviews are expected to take place after 8 weeks).
Only people with “the most severe disability” will not have to do ‘work-focused activity’.
The ‘personal capability assessment ‘test will be replaced by a test that looks at a persons capability to move towards work.
After a certain period, (probably 3 months), people on the ‘work related activity component’ will be expected to produce Action Plans setting out the work-related activity that they will undertake. Work related activity will include things like voluntary work, training, and structured rehabilitation.
The information for ESA comes from the amended Welfare Rights Bill.

 

 

Working Tax Credit

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.

 

 

DWP Loans and Grants

Community Care Grants
Community Care Grants are for people who are moving out of an institution or care home and into their own home, or for people living in their own home to help them to stay there and not go into a care home. You may also be eligible if you are settling down after an unsettled way of life (like homelessness) or if you need help to attend someone’s funeral or visit someone who is sick.
They are a one-off grant that does not have to be paid back.
To apply you need to be getting Income Support, income-based Jobseeker’s Allowance, Pension Credit, or payment on account of one of them
The amount you get in a Community Care loan depends on circumstances and need - if you have got savings of more than £500, you will get less.

Social fund Crisis Loans
These are loans you can get from the Directory of Works and Pensions, if you experience a crisis or a disaster.
You do not have to be on benefits to get the loan.
They are designed for people who cannot get help anywhere else.
You can get a form for a crisis loan from JobCentre Plus, or you can download one from here:
www.dwp.gov.uk/advisers/claimforms/sf401_print.pdf

 

Budgeting Loans
Budgeting loans are interest free loans that are paid for from the Social Fund. If you’re on a low income and need help with certain important costs, you may be able to get an interest-free Budgeting Loan from between £100 and £1,500 from the Social Fund.
To be eligible you must have been claiming income support, income-based Jobseekers Allowance or Pension Credit.
Budgeting loans are available for things like clothing, furniture, removal expenses and home security.
Your repayments are worked out at the time of the loan, and the repayment period is up top 2 years, depending on amount and circumstances.
To apply for a budgeting loan, you need to fill in form SF500, which you can get from Jobcentre Plus.
If you are refused a loan, you can ask for a review.

Debt

If you find you are getting into debt that you cannot manage, the first thing you should do is contact the people and organisations you owe money to, and let them know the situation.
The next thing to do is prepare a monthly budget so you can work out what you will be able to pay off per month.
You should then contact your creditors with an offer of what you are able to pay.
Usually organisations will make an agreement with you to pay a reduced amount for a few months and then review the situation.
You should take care to make payments on your most important debts first - these include rent/mortgages, council tax, court payments and fuel bills.
Organisations such as One Voice or the CAB can help you with this.

Going Bankrupt

Making yourself bankrupt is expensive, but it means that you don’t have to deal with your debts any more – an Official Receiver is appointed to deal with them and take control of your money and property, and they will decide what you need to live on.
You are allowed to keep household property and a reasonable amount (decided by them) for living expenses. But they are allowed to take away and sell luxury items, a car etc.
After the bankruptcy order is over, you start again from scratch with no debts.
This will be a year or more after the original bankruptcy order.
After the bankruptcy order has expired it is still possible that the Official Receiver may make a bankruptcy restriction order against you, and these can last from 2-15 years.
The circumstances under which this order would be made is if you took on debts with no hope of paying them back or you didn’t co-operate with the Official Receiver. The Bankruptcy Order will prevent you from trying to obtain any further credit without giving your bankrupt status.

Procedure
You have to apply to the County Court of the area you have lived for the last 6 months.

You have to give them a non-returnable deposit at that time of £375, and probably a fee of £150 (the court may reduce the fee, depending on your circumstances).

You need to fill in forms 6.27 and 6.28, you can get them from here:
http://www.insolvency.gov.uk/forms/englandwalesforms.htm.
There is also guidance on this page on what to put in 6.28.
Or you can get them from the Court.
On the form you have to fill in ALL your creditors.
Then you take the forms the money to court, swear an affidavit – saying you’ve told the truth on the form. The Court will then give you a date for your hearing, or hear your case then and there.
At the hearing they will make a bankruptcy order, freeze your bank accounts immediately, and set you up with a meeting with the Official Receiver.
OR they may decide that there is a better solution to your debt problem, and reject your application.

If they agree to the bankruptcy order, the Official Receiver will write to all your creditors telling them your financial situation. S/he will sell off your assets to cover some of your debts, and to take his/her fee.