Welfare Rights Training 2009 Contents Welfare Rights Training Disability Living Allowance / A.A 3 - 33 Carers Allowance 34 - 47 Pension Credit 48 - 85

Welfare Rights Training 2009Welfare Rights Training 2009

Contents Welfare Rights Training Disability Living Allowance / A.A 3 - 33

Carers Allowance 34 - 47

Pension Credit 48 - 85

Pension Credits Charts (Hand out) 86

Income Maximisation 87 - 115

Income Support 116 - 133

Benefit Charts (Hand out) 134 -

Incapacity Benefit & ESA for Youth 135 - 140

Employment & Support Allowance 141 - 164

ESA Charts 165

Disability Living Allowance Disability Living Allowance (D.L.A)(D.L.A)

What is it?What is it?

A non-means tested non-taxable, Social Security A non-means tested non-taxable, Social Security Allowance paid to people who need supervision Allowance paid to people who need supervision or help with their daily or nightly care needs or or help with their daily or nightly care needs or have mobility problems. have mobility problems.

It is paid in two parts, the care component and It is paid in two parts, the care component and mobility component, you can have one on its mobility component, you can have one on its own or both together. It can be claimed for the own or both together. It can be claimed for the first time by anyone under 65, this includes first time by anyone under 65, this includes children. children.

For people over 65 needing help for the first time For people over 65 needing help for the first time the equivalent benefit is Attendance Allowancethe equivalent benefit is Attendance Allowance.

DISABILITY LIVING ALLOWANCEDISABILITY LIVING ALLOWANCE

Higher (day & night needs)Higher (day & night needs)

CARECARE Middle (day or night needs) Middle (day or night needs)

Lower (some day care needs)Lower (some day care needs)

Higher (unable or virtually unable to walk) Higher (unable or virtually unable to walk)

MOBILITY MOBILITY

Lower (needs guidance or supervision)Lower (needs guidance or supervision)

RATES £’s (Weekly) RATES £’s (4 Weekly) RATES £’s (Weekly) RATES £’s (4 Weekly)

£119.45 High Care & High Mobility £477.80 £119.45 High Care & High Mobility £477.80 £96.20 Middle Care & High Mobility £384.80£96.20 Middle Care & High Mobility £384.80 £89 Higher Care & Lower Mobility £356£89 Higher Care & Lower Mobility £356 £70.35£70.35 High Care £281.40 High Care £281.40 £67.75 Lower Care & High Mobility £271 £67.75 Lower Care & High Mobility £271 £65.75 Middle Care & Lower Mobility £263 £65.75 Middle Care & Lower Mobility £263 £49.10 High Mobility £196.40 £49.10 High Mobility £196.40 £47.10 Middle Care £188.40£47.10 Middle Care £188.40 £37.30 Lower Care & Lower Mobility £149.20£37.30 Lower Care & Lower Mobility £149.20 £18.65 Lower Care £74.60£18.65 Lower Care £74.60 £18.65 Lower Mobility £18.65 Lower Mobility £74.60£74.60

NON MEDCAL CRITERIA FOR THE CARE COMPONENTNON MEDCAL CRITERIA FOR THE CARE COMPONENT

ResidenceResidence

Present in GB for 26 out of previous 52Present in GB for 26 out of previous 52 weeks withweeks withunlimited right to resideunlimited right to reside

If less than 6 months old - present for 13 out ofIf less than 6 months old - present for 13 out ofprevious 26 weeksprevious 26 weeks

If claiming under the special rules - the 13 and 26If claiming under the special rules - the 13 and 26week presence tests do not applyweek presence tests do not apply

AgeAge

Must be Must be under 65under 65 when first claimedwhen first claimed

Cannot be paid until 3 months old unless claimingCannot be paid until 3 months old unless claimingunder the special rules under the special rules


Qualifying Period Qualifying Period

Claimants must have satisfied the medical criteria for 3Claimants must have satisfied the medical criteria for 3months before the day payment would startmonths before the day payment would start

Claimants must be expected to meet the medicalClaimants must be expected to meet the medicalcriteria for at least 6 months after the day paymentcriteria for at least 6 months after the day paymentwould start.would start.

No qualifying period if claiming under the special rulesNo qualifying period if claiming under the special rulesfor terminal casesfor terminal cases


AccommodationAccommodation

DLA (Care) cannot be paid after four weeks if theDLA (Care) cannot be paid after four weeks if theclaimant is in hospital or living in otherclaimant is in hospital or living in otheraccommodation provided out of public or localaccommodation provided out of public or localfundsfunds

Under 16’s have 84 days in hospital / care beforeUnder 16’s have 84 days in hospital / care beforeany changes to their DLA.any changes to their DLA.

Special Rules for terminal illness DS1500 needed.Special Rules for terminal illness DS1500 needed.It would not be unexpected if you died within sixIt would not be unexpected if you died within sixmonthsmonths

MEDICAL CRITERIA FOR THE CARE COMPONENTMEDICAL CRITERIA FOR THE CARE COMPONENT

During the dayDuring the day

A:A: FrequentFrequent attention attention throughout the daythroughout the day in in connection with [their] connection with [their] bodilybodily functions functions

OrOr

B:B: Continual Continual supervision throughout the day in supervision throughout the day in order to avoid order to avoid substantial substantial danger to [themselves] danger to [themselves] or othersor others

At nightAt night

C:C: ProlongedProlonged or or repeatedrepeated attention in connection with attention in connection with [their] bodily functions [their] bodily functions

OrOr

D:D: In order to avoid substantial danger to [themselves] or In order to avoid substantial danger to [themselves] or others [they require] another person to be awake for a others [they require] another person to be awake for a prolonged period or at frequent intervals for the purpose of prolonged period or at frequent intervals for the purpose of watching over [them]watching over [them]


Part time day carePart time day care

EE: [they require] in connection with [their] bodily : [they require] in connection with [their] bodily functions attention from another person for a functions attention from another person for a significant significant portion of the day (whether during a single period or a portion of the day (whether during a single period or a number of periods)number of periods)

OrOr

F:F: Over 16’s only [they] cannot prepare a cooked main Over 16’s only [they] cannot prepare a cooked main meal for [themselves] if [they have] the ingredients meal for [themselves] if [they have] the ingredients


Higher rate (£70.35 Weekly) Higher rate (£70.35 Weekly) To qualify for the To qualify for the Higher Rate Care ComponentHigher Rate Care Component

a claimant must satisfy one day a claimant must satisfy one day andand one night one night condition (A or B)condition (A or B) andand (C or D) (C or D)

Middle rate (£47.10 Weekly) Middle rate (£47.10 Weekly) To qualify for the To qualify for the Middle Rate Care ComponentMiddle Rate Care Component

a claimant must satisfy one day a claimant must satisfy one day or or one night one night condition (A condition (A oror B B oror C C oror D) D)

Lower rate (£18.65 Weekly) Lower rate (£18.65 Weekly) To qualify for the Lower Rate Care Component a To qualify for the Lower Rate Care Component a

claimant must satisfy one part time day care claimant must satisfy one part time day care conditions (E or F)conditions (E or F)

NON MEDICAL CRITERIA FOR THE MOBILITY COMPONENTNON MEDICAL CRITERIA FOR THE MOBILITY COMPONENT

ResidenceResidence

Present in GB for at least 26 of thePresent in GB for at least 26 of theprevious 52 weeks with unlimited right to previous 52 weeks with unlimited right to residereside

If claiming under the special rules forIf claiming under the special rules forTerminal cases the 26 week presence test Terminal cases the 26 week presence test does not applydoes not apply

AgeAge

Must be under 65Must be under 65 when first claimedwhen first claimed

Cannot be paid until claimant is 3 years Cannot be paid until claimant is 3 years old for high mobility and 5 years old for low old for high mobility and 5 years old for low mobilitymobility



Qualifying PeriodQualifying Period Claimants must have satisfied the medical criteria for 3Claimants must have satisfied the medical criteria for 3months before the day payment would startmonths before the day payment would start

Claimants must be expected to meet the medical criteriaClaimants must be expected to meet the medical criteriafor at least 6 months after the day payment would startfor at least 6 months after the day payment would start

No qualifying period if claiming under the special rulesNo qualifying period if claiming under the special rules

A claim for DLA can be made if the claimant is in hospitalA claim for DLA can be made if the claimant is in hospitalbut it will not be paid until they are discharged. As long asbut it will not be paid until they are discharged. As long asthey have met the qualifying conditions and waitingthey have met the qualifying conditions and waitingperiods while in hospital it will be awarded in hospitalperiods while in hospital it will be awarded in hospitalready to be paid onready to be paid on discharge. discharge.

AccommodationAccommodation

DLA (Mobility) will not be paid after four weeks if the DLA (Mobility) will not be paid after four weeks if the claimant is in hospital, if they have a Motability claimant is in hospital, if they have a Motability agreement before they enter hospital this will agreement before they enter hospital this will continue. continue.

If they enter a Care Home the Mobility Component will If they enter a Care Home the Mobility Component will continue anywayscontinue anyways Under 16’s have 84 days in hospital / care before any Under 16’s have 84 days in hospital / care before any changes to their DLA. changes to their DLA.

The day you enter and the day you leave The day you enter and the day you leave do not do not countcount as days spent in hospital or care. as days spent in hospital or care.

MEDICAL CRITERIA FOR THE MOBILITY COMPONENTMEDICAL CRITERIA FOR THE MOBILITY COMPONENT

Higher Rate Mobility (£49.10 Weekly) Higher Rate Mobility (£49.10 Weekly) ToTo qualify for the higher rate of the mobility qualify for the higher rate of the mobility component of DLA it must be shown that the component of DLA it must be shown that the claimant is physically disabled and either:claimant is physically disabled and either:

AA Unable to walk Unable to walk OrOrBB Virtually unable to walk Virtually unable to walk OrOrCC The exertion required to walk would The exertion required to walk would

constitute a danger to [their] life or constitute a danger to [their] life or would be likely to lead to a serious deterioration would be likely to lead to a serious deterioration in [their] healthin [their] health

OrOr

OrOrDD They have no legs or feet They have no legs or feet OrOrEE They are both deaf and blind They are both deaf and blind OrOrFF They are already entitled to the higher rate care They are already entitled to the higher rate care component and are severely mentally impaired with component and are severely mentally impaired with extremely disruptive and dangerous behavioural extremely disruptive and dangerous behavioural problems that frequently require interventionproblems that frequently require intervention OrOrGG They are switching from the pre-1976 invalid They are switching from the pre-1976 invalid vehicle scheme and still meet those rulesvehicle scheme and still meet those rules



Lower Rate Mobility (£18.65 Weekly) Lower Rate Mobility (£18.65 Weekly) To qualify for the lower rate of the mobility component of To qualify for the lower rate of the mobility component of

DLA it must be shown that the claimant:DLA it must be shown that the claimant:

““is so severely Disabled physically or mentally that, is so severely Disabled physically or mentally that, disregarding any ability [they] may have to use routes disregarding any ability [they] may have to use routes which are familiar to [them] on [their] own, [they] cannot which are familiar to [them] on [their] own, [they] cannot take advantage of the faculty out of doors without take advantage of the faculty out of doors without guidance or supervision”. guidance or supervision”.

Note - the lower rate isn’t awarded to people who just Note - the lower rate isn’t awarded to people who just miss being virtually unable to walk; the criteria is miss being virtually unable to walk; the criteria is completely different and will apply mainly to people with completely different and will apply mainly to people with sight, hearing, supervision or mental health problems.sight, hearing, supervision or mental health problems.

ATTENDANCE ALLOWANCE (Over 65’s)ATTENDANCE ALLOWANCE (Over 65’s)

Like Disability Living Allowance but only two rates:Like Disability Living Allowance but only two rates:

Higher AA – (£70.35)Higher AA – (£70.35)

Must satisfy one day Must satisfy one day and and one night criteria. one night criteria. (A or B (A or B && C or D) C or D)

Lower AA – (£47.10) Lower AA – (£47.10)

Must satisfy one day Must satisfy one day or or oneone night criteria. night criteria. (A or B or C or D)(A or B or C or D)

Qualifying conditions are Care or Supervision need Qualifying conditions are Care or Supervision need

must exist for six months, no forward test.must exist for six months, no forward test.

Notes:Notes:DLA & AA are both paid for care / supervision DLA & AA are both paid for care / supervision

NEEDSNEEDS you can get these benefits if you live alone you can get these benefits if you live alone with no care / supervision being provided.with no care / supervision being provided.

If DLA is awarded before age 65 it continues after If DLA is awarded before age 65 it continues after age 65 if you continue to meet the conditions.age 65 if you continue to meet the conditions.

If someone is already on DLA or AA and their If someone is already on DLA or AA and their condition gets worse they must contact their condition gets worse they must contact their regional DLA centre, normally Blackpool, to increase regional DLA centre, normally Blackpool, to increase the award, they will send out a special three part the award, they will send out a special three part form.form.

Nothing prevents two or more people in the same Nothing prevents two or more people in the same household getting DLA or AA at the same time.household getting DLA or AA at the same time.

ATTENTION:ATTENTION:

Must be reasonably required (Rather than medically required) to Must be reasonably required (Rather than medically required) to help you do the things you are unable to do yourself.help you do the things you are unable to do yourself.

Significant portion of the day:Significant portion of the day:

About one hour at the start or at the end of the day. Getting in or About one hour at the start or at the end of the day. Getting in or out of bed, dressing or undressing, washing are some out of bed, dressing or undressing, washing are some examples.examples.

Frequent throughout the day:Frequent throughout the day:

Means several times not once or twice spread over the day Means several times not once or twice spread over the day time.time.

Things like toileting, zips, buttons, help to walk in the house are Things like toileting, zips, buttons, help to walk in the house are all likely to be needed many times during the day.all likely to be needed many times during the day.

Prolonged or repeated at night:Prolonged or repeated at night:

Prolonged has been accepted as more than 20 Prolonged has been accepted as more than 20 minutes, repeated means twice or more.minutes, repeated means twice or more.

BODILY FUNCTIONS:BODILY FUNCTIONS:

Personal things like breathing, hearing, seeing, Personal things like breathing, hearing, seeing, eating, drinking, walking, sitting, sleeping, eating, drinking, walking, sitting, sleeping, getting in and out of bed, dressing, undressing, getting in and out of bed, dressing, undressing, toileting, bathing, washing, shaving, toileting, bathing, washing, shaving, communicating, speech practice, help with communicating, speech practice, help with medication, help with treatment and anything medication, help with treatment and anything else to do with your body and how it works can else to do with your body and how it works can count.count.

CONTINUAL SUPERVISION:CONTINUAL SUPERVISION:

This means frequent or regular (But does This means frequent or regular (But does not mean non stop), to stop you having not mean non stop), to stop you having accidents or harming others and must be accidents or harming others and must be reasonably required to reduce the risk to you reasonably required to reduce the risk to you or others.or others.

Substantial danger to yourself or others:Substantial danger to yourself or others:

This could arise from your actions or the actions of other This could arise from your actions or the actions of other people and could be totally unintentional, such as your people and could be totally unintentional, such as your inability to care for your own children safely.inability to care for your own children safely.

The danger must be a real possibility and not to remote that it The danger must be a real possibility and not to remote that it may never happen. The risk of it happening must be taken on may never happen. The risk of it happening must be taken on board in deciding if it’s reasonably required and if the board in deciding if it’s reasonably required and if the supervision will reduce that risk.supervision will reduce that risk.

Epilepsy with not enough warning of an attack or if attacks are Epilepsy with not enough warning of an attack or if attacks are unpredictable and you are unable to seek help or put yourself unpredictable and you are unable to seek help or put yourself in a place of safety is a good example of when supervision is in a place of safety is a good example of when supervision is reasonably required.reasonably required.

Falls are another area where it could be argued that Falls are another area where it could be argued that supervision is reasonably required if the falls are frequent and supervision is reasonably required if the falls are frequent and the dangers are severe. There is a close overlap between the dangers are severe. There is a close overlap between supervision and attention so check for both.supervision and attention so check for both.

WATCHING OVER AT NIGHT:WATCHING OVER AT NIGHT:Again it must be reasonably required.Again it must be reasonably required.

This includes the need for someone else to be awake and This includes the need for someone else to be awake and listening or getting up to check on you at night.listening or getting up to check on you at night.

COOKING TEST (Over 16’s only):COOKING TEST (Over 16’s only):

This test is a hypothetical test to see if it reasonable for you to This test is a hypothetical test to see if it reasonable for you to cook a main meal for yourself taking into account your illness cook a main meal for yourself taking into account your illness and disabilities. and disabilities.

Do you have problems remembering, planning, or timing that Do you have problems remembering, planning, or timing that limit your ability to cook.limit your ability to cook.

Do you have problems peeling, chopping, lifting hot pots and Do you have problems peeling, chopping, lifting hot pots and pans, measuring etc. pans, measuring etc.

TERMINAL ILLNESSTERMINAL ILLNESS

Definition is that you have a progressive disease Definition is that you have a progressive disease and due to this your death can reasonably be and due to this your death can reasonably be expected within the next six months, if this is expected within the next six months, if this is accepted on the DS 1500 form you should get accepted on the DS 1500 form you should get the high rate care component of DLA or high the high rate care component of DLA or high rate Attendance Allowance.rate Attendance Allowance.

If you also have mobility problems you will need If you also have mobility problems you will need to qualify in the normal way to have this added to qualify in the normal way to have this added to your high care component of DLA paid under to your high care component of DLA paid under the special rulesthe special rules

RENAL DIALYSISRENAL DIALYSISThere are special conditions for some people who have renal There are special conditions for some people who have renal

dialysis at home for at least two times per week to qualify for dialysis at home for at least two times per week to qualify for middle rate care component of DLA or low rate Attendance middle rate care component of DLA or low rate Attendance Allowance. Allowance.

If this is the type of dialysis that would reasonably require the If this is the type of dialysis that would reasonably require the help or supervision of someone else help or supervision of someone else oror due to your due to your circumstances (age, visual impairment or loss of manual circumstances (age, visual impairment or loss of manual dexterity) during your dialysis you require supervision or help dexterity) during your dialysis you require supervision or help with this.with this.

Other types of dialysis including Continuous ambulatory Other types of dialysis including Continuous ambulatory peritoneal dialysis (CAPD), Continuous cycle peritoneal dialysis peritoneal dialysis (CAPD), Continuous cycle peritoneal dialysis (CCPD), and peritoneal rapid overnight dialysis (PROD are (CCPD), and peritoneal rapid overnight dialysis (PROD are designed to be carried out without help, so you would need to designed to be carried out without help, so you would need to show that help was needed due to your disability during dialysis.show that help was needed due to your disability during dialysis.

PASSPORTS FROM DLAPASSPORTS FROM DLACare Component passport to:Care Component passport to:

Low rate (£18.65)Low rate (£18.65)

Disability premium in IS / IBJSA & WTCDisability premium in IS / IBJSA & WTC Disabled child premium in IS / IBJSA & CTCDisabled child premium in IS / IBJSA & CTC Qualifying benefit for WTC at 16 hours Qualifying benefit for WTC at 16 hours Child care disregard in HB & CTBChild care disregard in HB & CTB Child care element in WTCChild care element in WTC Christmas bonusChristmas bonus No Non-Dependant deductions for HB or CTBNo Non-Dependant deductions for HB or CTB No Non-Dependant deductions for mortgage interest No Non-Dependant deductions for mortgage interest

in IS / IBJSA / IBESAin IS / IBJSA / IBESA Energy efficiency grantEnergy efficiency grant Parental leave from work until 17Parental leave from work until 17

Middle rate (£47.10 as low rate plus)Middle rate (£47.10 as low rate plus)

Carers Allowance qualifying benefitCarers Allowance qualifying benefitHome responsibility protectionHome responsibility protectionIS entitlement as a carerIS entitlement as a carerCarer premium qualifying benefitCarer premium qualifying benefitSevere disability premium qualifying benefitSevere disability premium qualifying benefit

High rate (£70.35 as middle and low rate plus)High rate (£70.35 as middle and low rate plus)Enhanced disability premium Enhanced disability premium Independent living fundsIndependent living fundsPersonal capability test exemption for IncapacityPersonal capability test exemption for IncapacitySevere Disability Element in WTC & CTCSevere Disability Element in WTC & CTC

PASSPORTS FROM DLAPASSPORTS FROM DLA

Mobility Component passport to:Mobility Component passport to:

Low rate (£18.65)Low rate (£18.65)

Disability premium in IS / IBJSA & WTC Disability premium in IS / IBJSA & WTC Disabled child premium in IS / IBJSA & CTCDisabled child premium in IS / IBJSA & CTCQualifying benefit for WTC at 16 hours Qualifying benefit for WTC at 16 hours Child care disregard in HB & CTBChild care disregard in HB & CTBChild care element in WTCChild care element in WTCChristmas bonusChristmas bonusEnergy efficiency grantEnergy efficiency grantParental leave from work until 17Parental leave from work until 17

High rate (£49.10 as low rate plus)High rate (£49.10 as low rate plus)

Exemption from car taxExemption from car taxBlue badgeBlue badgeMotability carMotability carDriving licence at 16Driving licence at 16

Check with your local Council for others such as Check with your local Council for others such as bus pass, taxi card, free leisure pass, carer bus pass, taxi card, free leisure pass, carer discounts etcdiscounts etc

Mobility Component passport to:Mobility Component passport to:

ENDEND

Questions & Answers?Questions & Answers?

Documents

Welfare Rights Training 2009 Contents Welfare Rights Training Disability Living Allowance / A.A 3 - 33 Carers Allowance 34 - 47 Pension Credit 48 - 85