Disability Living Allowance (DLA) is a tax-free benefit for people who need help with personal care, with getting around, or with both. It is made up of two components: the care component, and the mobility component. Both components are for people disabled before the age of 65.
It is:Not dependant on National Insurance ContributionsNot affected by any savings or (usually) by any income you or your partner may haveUsually ignored as income for Income Support or Jobseekers Allowance claimsFor people over 65, Attendance Allowance is available for those needing care.The care component is available if you need help with personal care because you are ill or disabled. For example, for things like washing, dressing, using the toilet. If you are 16 or over this can include preparing a cooked main meal. You can get DLA even if no one is actually giving you the care you needThe mobility component is available if you need help getting around. For example, ifYou are over 5 and cant walk at all or have difficulty walking because you are ill or disabled. And you can get it if you can walk but need guidance or supervision when outdoors for most of the time.To get DLA you must normally have needed help for at least three months and be likely to need it for at least another six months. Some people suffer from a terminalIllness. There are special rules for them so that they can get benefit quickly and easily (The special rules apply to people who may not live longer than six months because of an illness. But it is, of course, impossible to say exactly how long a person will live)
Getting DLA paid under the special rules
means:
Getting £53.55 each week for help with personal care, whether or not you need itGetting paid straight away. There is no need to wait until you have needed help for three months
Claims are dealt with more quickly
To claim and for more information:
You can get a DLA claim
pack by picking up leaflet DS704 Disability
Living Allowancewhich is available in social security offices, Welfare
Rights agencies, Citizens Advice Bureau, etc. DS707 contains brief details of the entitlement conditions and a tear
off slip.You simply fill in your name and address on the tear-off
slip and send it off the postage is pre-paidAlso see leaflet HB6 A practical
guide for disabled people
DLA Benefit Rates
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Your right to DWA does not depend on National Insurance contributions.
*Note: From October 1999 DWA is replaced by Disabled Persons Tax Credit Click here for more information
To get DWA you must:
Be 16 or over
and be working for 16 hours a week or more on average
and have an illness or disability that puts you at a disadvantage
in getting a job
and you must also be getting:
Disability Living Allowance
or Attendance Allowance
or War Disablement Pension with War Pensioners Constant Attendance
Allowance or
mobility supplement
or Industrial Injuries Disablement Benefit with Constant
Attendance Allowance
or have an invalid three-wheeler supplied from the DSS
or for at least one of the 56 days before your claim you
must have been getting
short-term Incapacity Benefit paid at the higher rate, long-term Incapacity
Benefit
,Severe Disablement Allowance, or a disability premium or a higher pensioner
premium with either Income Support, income based Jobseekers Allowance,
Housing Benefit or Council Tax Benefit
You can get DWA if you are employed or self-employed,
but you will not get it if you are on a training scheme getting a training
allowance. You cant get
DWA if you, or you and
your partner together, have savings of more than £16,000. Any savings
you have between £3,000 and £16,000 will affect the amount of DWA you
can get If you were getting short-term Incapacity
Benefit paid at the higher rate, long-term Incapacity benefit, or Severe
Disablement Allowance before you started work and began getting DWA,
you may go back to your old benefit if, within two years, you are still
getting DWA but
have to give up your job and are incapable of work.
The disability test: For a first claim you will be asked to read the leaflet in the DWA claim pack, which lists the circumstances that enable you to pass the disability test. If you then decide that you could pass the test, you need only sign a simple declaration that your illness or disability puts you at a disadvantage in getting a job
For renewal claims, a further declaration will be needed, and you may also have to fill in a self-assessment form which lists some of the illnesses and disabilities that could put you at a disadvantage in getting a job. You will be asked for confirmation of your assessment from a professional involved in your care. Only rarely will a medical examination be necessary.
How much you get: The amount of money depends on whether you have a partner, how many children you have living with you and their ages, and how much money you, or you and your partner together have coming in each week. DWA is paid at the same rate for 26 weeks. The amount will normally stay the same even if your income or other circumstances change during that period.
You may also be able to get some of the cost of your childcare charges taken into account when your benefit is calculated
You may also get more DWA if you are working 30 hours or more a week
To claim and for more information: Contact your social security office for a claims form. You may loose benefit if you delay your claim. Get leaflet DS704 Disability Working Allowance-the cash benefit for disabled people in work from your social security office or Jobcentre
See also leaflet HB4-A guide to Disability Working Allowance for details of other qualifying conditions, or ask at your social security office.
Attendance Allowance: this is a weekly cash benefit for people aged 65 or over who need help with personal care because of an illness or disability.
It is:Not dependent on National Insurance contributionsNot affected by any savings or (usually) by any income
you or your partner may have.Usually ignored as income for Income Support or Jobseekers
Allowance
If you are living in or going into an
NHS hospital, nursing home or residential home click
hereTo get Attendance Allowance (AA) you must normally
have needed help with personal care for six months. You can get AA even
if no one is actually giving you the care you need. Some people suffer
from a terminal illness. There are special rules* for them so that they
can get their benefit quickly and easilyGetting AA under the special rules means:Getting £53.55 each week for help with personal care,
whether or not you need help.Getting paid straight away. There is no need to wait
until you have needed help for six months.Claims are dealt with more quickly
People who:Are under 65 and need help with personal care, or
help with getting around, or bothShould claim Disability Living Allowance (DLA)* The special rules apply to people
who may not live for longer than six months because of an illness. But
it is, of course , impossible to say exactly how long a person may live.
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Invalid
Care Allowance: If you spend at least
35 hour a week looking after someone who gets Disability Living Allowance
at the middle or highest rate for help with personal care, Attendance
Allowance or Constant Attendance Allowance, you may be able to get Invalid
Care Allowance. But you cannot be earning more than £50 a week.You can claim this if you are aged 16 to 65How to Claim:Get claim pack DS700 (Invalid Care Allowance)
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Severe
Disablement Allowance (SDA)
Note ! Severe
Disablement Allowance was abolished for new claims in April 2001. If you have been incapable of work for 28 weeks or
more, but have not paid enough National Insurance contributions to get
Incapacity Benefit, you may be able to get Severe Disablement Allowance
(SDA)You must be aged between 16 and 65 when you claim.
You may be able to carry on getting SDA after the age of 65 if you were
entitled immediately before your 65 birthday.The all work test for incapacity is normally used
for SDA. For more information on
How incapacity for work is assessed read the Incapacity
Benefit section. This change will not affect you if you were getting SDA on 12th April 1995 and have
continued to do so.If you first became incapable of work after your 20th
birthday, you can get SDA only if
you are at least 80% disabled or treated as 80% disabled.If you are under 19 and still at school or college
you can normally only get SDA if you spend less than 20 hours a week in
supervised study. Any time spent in education that would be unsuitable
for someone of the same age who does not have a disability is ignoredThere are age-related additions to SDA.
It is also tax-freeFor more information: Contact
your social security office.
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Statutory Sick Pay: If you are an employee and you are sick for four days or more in a row (Including Saturdays, Sundays and bank holidays) you may get Statutory Sick Pay (SSP) from your employer. SSP is payable for up to 28 weeks in one single spell of sickness. Spells with 8 weeks or less between them count as one spell.
If you are still sick after 28 weeks of SSP you may be able to claim short-term Incapacity Benefit paid at the higher rate. If your employers obligation to pay you SSP ends before the 28 weeks are up, and you are still sick, you may be able to claim short term Incapacity Benefit paid at the lower rate. In both cases your employer will give you a form to fill in.How to claim SSPTell your employer you are sick, and your employer will arrange for any SSP due to be paid to you. (Do not forget that your employer may have special rules for how you should notify sickness.)* diptheria |
* tetanus |
* whooping cough |
* tuberculosis |
* poliomyelitis |
* measles |
* rubella (German measles |
* mumps |
* smallpox ( vaccination up to August 1971) |
* Haemophilus influenza type b (Hib) |
More information:Get leaflet HB3 Payment for people severely disabled
by a vaccine, or write to:Vaccine Damage Payment Unit
Palatine House
Lancaster Road
Preston PR1 1HB
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Industrial
Injuries Disablement Benefit:If after 5th July 1948 you became
disabled as a result of an accident at work, you may be able to get Industrial
Injuries Disablement Benefit provided you were not self-employed. You
may also get this if you became disabled as a result of one of the industrial
diseases known to be a risk in your job (the industrial diseases are listed
in leaflet N12-If
you have an industrial disease), provided the disability caused by the
accident or disease is assessed at 14 per cent or more (except for certain
prescribed respiratory diseases).Diseases you may get benefit for include:
Asthma |
Chronic bronchitis or emphysema or both |
Deafness |
Pneumoconiosis |
Tenosynovitis |
Vibration white finger |
Certain other diseases |
You can get Industrial Injuries Disablement
Benefit even if you return to work.How much you get depends on how disabled you are.You may be able to get other allowances as well:Reduced Earnings Allowance:Payable if you cannot return to your regular job,
or cannot do work of the same standard because of a disability caused
by an industrial accident or disease which occurred before 1 October 1990.
If you are getting a Reduced Earnings Allowance of £2 or more a week,
and you are of state pension age and cease regular employment, your Reduced
Earnings Allowance will stop and you may be entitled to Retirement Allowance.Constant Attendance Allowance:Payable if the disability for which you get your Industrial Injuries Disablement Benefit is assessed at 95 per cent or more and you
need constant care and attention. There are four rates. How much you get
depends on how much attention you need.Exceptionally Severe Disablement Allowance:Payable if you are already entitled to Constant Attendance
Allowance at either of the two higher rates, and if the need for attendance
is likely to be permanent.How to claim: Leaflet NI6
Industrial Injuries Disablement Benefit tells you what form to use in
the BI100 series,
also leaflet NI2 if you have an industrial disease.
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Workmens
Compensation Supplement:If you had an accident at work or contracted an industrial
disease before 5 July 1948and you are entitled to weekly payments of Workingmens
compensation, you may be able to get this tax-free supplement.For more information:For more information on how to claim, get leaflet
WS1-Extra cash with Workmens Compensation.
Pneumoconiosis,
byssinosis and miscellaneous diseases benefitsThese are tax-free benefits for people who contracted
pneumoconiosis, byssinosis or certain other diseases as a result of employment
before 5 July 1948. You may qualify provided you have not been paid Workmens
compensation, industrial injuries benefits or damages for your disease.
How much benefit you can get depends on how disabled you are.You may get an allowance for your wife and children.
You may get other allowances as well.If you are a dependant of someone who dies as a result
of these diseases, you may get a lump sum payment.If you got pneumoconiosis or byssinosis as a result
of employment on or after 5 July 1948 you may be entitled to a tax-free
cash benefit under the scheme for Industrial Injuries Disablement Benefit,
described aboveHow to claim:If you got any of these diseases before 5 July 1948
use the form PN1A in leaflet PN1.If you got them as a result of employment on or after
that date, get the appropriate claim form in the BI100 series. Do not delay or you may lose benefit.More information:Get leaflet PN1-Pneumoconiosis,
byssinosis and some other diseases from work.Get leaflet NI3-If
you have pneumoconiosis or byssinosis, if you got either disease because
of employment after 5 July 1948
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Industrial
injuries compensation: If you are injured at work through the fault of your
employer, you may be able to claim compensation from that employer. The
amount payable can depend on how badly you were injured or disabled, loss
of earnings and any negligence on the part of your employer or employees.
Your employer has to display a certificate of insurance covering liability
for this compensation.More Information:Ask a solicitor or your trade union. The secretary
of the local law society will give you an introduction to a solicitor-
see the law list in a public library or the Law Centres in this sites
main index. Citizens Advice Bureaux also keep a list of solicitors
Recovery
of Benefits from Compensation
(previously Compensation
Recovery)If as a result of an accident, injury or disease for
which you are also making a claim for compensation you are awarded one
of the following benefits or allowances:
Attendance Allowance |
Disability Living Allowance |
Industrial Injuries Disablement Benefit |
Incapacity Benefit |
Income support |
Jobseekers Allowance |
Reduced Earnings Allowance |
Severe Disablement Allowance |
Unemployability supplement |
You should be aware that your eventual compensation
award may be reduced to take account of any benefit paid for the same
purpose.For further Information:Get leaflet Z3-Recovery
of Benefits, from:Compensation Recovery Unit, Reyrolle Building,
Hebburn, Tyne and Wear NE31 1XB Tel: 0191 225 8157
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Armed Forces
The War
Pensions Agency looks after War Pensions. The
War Pensioners Welfare Service helps and advises
war pensioners on pension matters or on any other problems. You can get the address of your nearest office from a social
security office, or from FB31-Caring
for someone?. For the phone number look in the business section of the
phone book under War Pensions Agency.War PensionsYou do not have to have been a member of HM Armed
Forces or to have served during wartime to get a War Pension. You may
be able to get a War Pension if you were injured or disabled as a result
of:
service as a member of HM Armed Forces
or service in the 1939-45 war as a member of the
of the Polish Forces under British Command, or service in the Polish
Resettlement Forces
or enemy action as a civilian or Civil Defence Volunteer during the
1939-45 war
or conditions during a war or detention by the enemy and you
are
a merchant seaman, a member of the Auxiliary Services or a Coastguard
You cannot get a war pension for disablement for a
period of service which has not ended. How much you get depends on how
disabled you are.In addition to a War Pension, supplements or allowances
may be payable.For example, you may getAllowance for Lowered
Standard of Occupation: If the disability for which you get a War Pension means that you will
never be able to earn as much as you could have earned in the job you
were in before your service.Unemployability Supplement: If the Disability for which you get a War Pension means that you are unable
to work. Even if you do a little light work you may still be treated as
being unable to work. You may also get extra allowances for your family.Constant Attendance
Allowance: if You get a War Pension at the 80 per cent rate and you need a lot of
personal care because of the disability for which you get a War Pension. Mobility Supplement:
If because of your disabilities you either cannot walk or have serious
difficulty in walking, or you are both deaf and blind and need assistance
out of doors. Blindness alone does not mean that you will get the allowance:
there would have to be an extra disability that affected your mobility.The rules for claiming these supplements or allowances
are complicated, but there is information to help you to decide if you
should apply.
More informationGet WPA leaflet 1-Notes
about War Disablement and War Widows Pensions and WPA
leaflet 9-Rates of War Pensions and Allowances.They can be ordered from:The War Pensions Agency Distribution Unit,
Room 403A, Norcross, Blackpool FY5 3WP
You can also phone the Helpline: 01253 858 858
War Widows PensionYou may be able to get a War Widows Pension
if your husband died as a result of:Service in the Armed forces between 1914 and 1921
or after 2 September 1939or a 1939-45 war injury as a member of the Merchant
Navyor a 1939-45 war injury as a Civil Defence Volunteeror a 1939-45 war injury as a civilianMore informationGet WPA Leaflet 1 Notes about War Disablement
and War Widows Pensions.They can be ordered from:The War Pensions Agency Distribution Unit,
Room 403A, Norcross, Blackpool FY5 3WPYou can also phone the Helpline: 01253 858 858How to claim a War Pension or War Widows PensionIf you need advice or wish to claim, contact the above
address.
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Injured
by crime ?If you are injured as a result of a crime of violence
you can clam Criminal Injuries Compensation. For your application to be
considered, you must have been physically/ or mentally injured as a result
of a crime of violence and injured seriously enough to qualify for at
least a minimum of £1000. You may also qualify if you are a dependant
or relative of a victim of a crime of violence who has since died.The amount of award depends on the severity of the
injuries sustained.More informationFor more information or an application form contact
the:Criminal Injuries Compensation AuthorityTay House
300 Bath Street
Glasgow G2 4JR
Tel: 0141 331 2726
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Disabled Persons Tax Credit From October 1999 Disabled Persons
Tax Credit (DPTC)
replaces Disability Working Allowance (DWA). DTPC is a new scheme which has been
specifically designed to help people with an illness or disability to
return to, or take up, work by topping up earnings. It is administered by the Inland Revenue
and replaces Disability Working Allowance (DWA),
currently administered by the Department of Social Security or, in Northern
Ireland, the Department of Health and Social Services. If you have claimed DWA before,
many aspects of DPTC will be familiar to you.
DPTC is a much more generous scheme.
It will help ensure that disabled people are better off working.Two of the main improvements are:
The relaxation of the qualifying benefit test and
The introduction of a Fast Track Gateway
To be eligible for DPTC you must be getting, at the date of your application, either
Disability Living AllowanceAttendance AllowanceWar Disablement Pension which includes Constant
Attendance Allowance for you or a mobility supplement for youIndustrial Injuries Disablement Benefit which
includes Constant Attendance Allowance for youAn invalid carriage or any other vehicle provided
under the invalid vehicle scheme, orOne of the range of incapacity benefits at
Any time in the 182 days before your DPTC application
From October 2000 a
new Fast Track Gateway will offer an alternative route to DPTC.This will help people who become sick or disabled
while they are working to remain in work. People will be able to apply
via this route if they
Have received Statutory Sick Pay (or equivalent)
for 20 weeks.Have passed a disability testHave provided evidence from a doctor that the
illness or disability will last a further six months andWill, on returning to work, be receiving earnings
at least 20% less than they would have they not have the illness or
disability
Further informationFor help with DPTC ring: FREEPHONE0800 597 5976or Minicom line 0800 028 689 6For more general advice and information about your
application, phone the Tax CreditHelpline on 0845 605 5858 or textphone 0845 608 8844.In Northern Ireland, the Tax Credit Helpline is 0845
609 7000 or textphone:
0845 607 6078
Also leaflet DPTC/BK1-Your guide
to Disabled Persons Tax Credit
How do I know
if I can applyTo apply you need to meet just four basic conditions:
Work at least 16 hoursHave one of a range of incapacity or disability
benefits (as listed in eligibility) or have been receiving certain
benefits in the 182 days prior to your application (this is more generous
than DWA, where the limit was
56 days)Have savings of £1600 or less, andBe resident in the United Kingdom
Already getting Disability Working Allowance?You cannot get paid DWA and DPTC at the same time. So, if
you are already getting DWA from
October 1999, you will have to wait until the award has ended before you
can apply for DPTC. You should be
sent an application for DPTC about
a month before your DWA is due to
run out.How to apply DPTC is administered by staff at the Inland Revenues Tax Credit Offices
in Preston and Belfast. All applications and correspondence about DPTC go to these offices. If you think you qualify for DPTC use
the telephone numbers given in Further information.Applications are made by post on form DPTC1, which is included in the DPTC application pack. You can get a application pack by phoning the Tax Credit
Hotline 0845 605 5858 or textphone 0845 608 8844. In Northern Ireland
call 0845 609 7000 0r textphone 0845 607 6078.You can also get an application pack from Inland Revenue
Enquiry Centres, Benefits Agency an Social Security offices and Employment
Service Jobcentres.
Addresses
| England, Scotland and Wales Tax Credit Office Inland Revenue PO Box 178 Preston PR1 0GQ |
Norther Ireland Tax Credit Office Inland Revenue Dorchester House Great Victoria Street BT2 7WF |
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