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Disability living allowance and attendance allowance - Hertfordshire ...

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MoneyLeaflet1Advice<strong>Disability</strong> <strong>living</strong><strong>allowance</strong> <strong>and</strong><strong>attendance</strong><strong>allowance</strong>UnitMake Every £ CountThe information <strong>and</strong> benefit rates in this leaflet are correct at April 200901438 737555www.hertsdirect.org/benefits


This leaflet describes two of the most important <strong>and</strong> useful benefits in thesocial security system. <strong>Disability</strong> <strong>living</strong> <strong>allowance</strong> (DLA) <strong>and</strong> Attendance<strong>allowance</strong> (AA) are administered by the Pensions, <strong>Disability</strong> <strong>and</strong> CarersService (PDCS) which is part of the Department for Work <strong>and</strong> Pensions(DWP).What is disability <strong>living</strong> <strong>allowance</strong>?<strong>Disability</strong> <strong>living</strong> <strong>allowance</strong> (DLA) can be paid if you have a mental or physicalillness or disability. You can claim DLA if you are under 65. If you are 65 orover you may be able to claim <strong>attendance</strong> <strong>allowance</strong> instead - see below.If you claim DLA before your 65 th birthday, it will continue to be paid after youreach 65, so long as you still meet the other rules for getting DLA. DLA hastwo parts - for care needs <strong>and</strong> for mobility needs.What is <strong>attendance</strong> <strong>allowance</strong>?Attendance <strong>allowance</strong> (AA) can be paid if you are aged 65 or over <strong>and</strong> have amental or physical illness or disability. If you are under 65 you should claimdisability <strong>living</strong> <strong>allowance</strong> instead – see above. AA is paid at one of two rates,depending on your care needs.Why should I consider claiming DLA or AA?You can claim DLA or AA whatever your income or savings. You don’t need tohave paid national insurance contributions. They can be claimed whether youare working or not <strong>and</strong> can be paid on top of any other benefit you get,although you won’t be able to get DLA <strong>and</strong> AA – it’s one or the other. Theydo not reduce the amount you get in any other benefit <strong>and</strong> can even increasethe amount you get. They are tax-free.Who can get DLA <strong>and</strong> AA?To get DLA or AA, you must:• be <strong>living</strong> in the U.K. <strong>and</strong> been here for at least 26 weeks in the last year.Time spent in other EU countries may count towards the 26 weeks – seekadvice; <strong>and</strong>• have no restrictions attached to your right to stay in the U.K. There aresome exceptions to this rule - seek further advice; <strong>and</strong>• for DLA - have met the care or mobility conditions (see below) for at least3 months before you claim <strong>and</strong> are likely to meet them for a further 6months; or• for AA – have met the care or supervision conditions (see below) for atleast 6 months before you claim.If you’re terminally ill, you don’t have to wait 6 months before claiming.2


When can a child qualify for DLA?The care part can be claimed for a child from birth <strong>and</strong> paid from 3 months.Terminally ill children are paid it from birth. The highest rate of DLA mobilitycan only be paid from 3 years; the lowest rate can be paid from 5 years.For DLA care <strong>and</strong> the lowest rate of DLA mobility, children under the age of16 have to show that their needs are greater than those of a child of the sameage who doesn’t have a disability. For more information see our factsheet 7‘extra money if you have a child with a disability’.How do I get the care part of DLA /AA?The care/supervision part of DLA is paid at one of three weekly rates. AA ispaid at one of two rates, which are the same as the middle <strong>and</strong> higher rates ofDLA.Lowest rate - £18.65 a week – (only paid to people getting DLA)You get this if:• you are aged 16 or over <strong>and</strong> you find it hard to cook a normal main mealfor yourself if you have all the ingredients; or• you need help with personal care for a “significant portion” of the day, forexample, you may need help just in the morning or the evening or for atotal of about an hour a dayMiddle rate of DLA/Lower rate of AA - £47.10 a weekYou get this if you need:• frequent help with personal care throughout the day or• regular supervision to make sure you are safe or that no-one else will beharmed or put in danger because of you. The test here is less about thetotal time needed but more about the numbers of times help is needed <strong>and</strong>when these times occur. Help must not only be needed frequently but thisneed must occur throughout the day.• help with personal care during the night or• another person to be awake at some time during the night to make sureyou are safe or that no-one else will be harmed or put in danger becauseof you. This ‘test’ is usually satisfied if someone needs to be awake <strong>and</strong>caring for you for one or more prolonged periods (generally assumed to beat least 20 minutes).Higher rate of DLA/AA - £70.35 a weekYou get the highest rate if you need the above help or supervision during theday AND night.3


If you have a terminal illness, special rules apply <strong>and</strong> you should get thehigher rate straight away, whatever your actual care or supervision needs are.“Supervision” may be needed because you have a physical or learningdisability or a mental health problem or dementia; for example, if you areconfused or forgetful, you have falls or fits, you might harm yourself, or yousometimes need medical help urgently.“Personal care” is anything to do with your body <strong>and</strong> how it works. Itincludes things like getting out of bed, dressing <strong>and</strong> undressing, washing,bathing, getting out of a chair, using the toilet, taking medication, shaving,walking, eating <strong>and</strong> drinking, etc. It can include help to overcome hearing orsight problems.Generally, if someone does jobs for you like cleaning, laundry or shopping,this does not count as personal care. However, if you need help to do thesefor yourself because of your disability, this can count; for example, if you areblind <strong>and</strong> you need someone to help you deal with letters, bills etc. If you haveto have lots of laundry done because of your disability, <strong>and</strong> its done in yourpresence, that might count too.It really doesn’t matter if you are not actually getting care or supervision; thetest is whether you need it. People <strong>living</strong> alone can qualify. If you manage tolook after yourself but you can only do things slowly or with difficulty, or withpain, you may qualify. Also, you may qualify if you need prompting orencouragement to do things, or things need to be checked after you havedone them.How do I get the mobility part of DLA?(There is no mobility help with <strong>attendance</strong> <strong>allowance</strong>.)The mobility part of DLA is paid at one of two weekly rates:Higher rate - £49.10. a weekYou qualify for the higher rate if, because of physical disability:• you are unable to walk; or• you are virtually unable to walk – based on distance, speed, length of time<strong>and</strong> manner of your walking. Any walking that you can only do with severediscomfort, for example, pain or breathlessness, should be ignored; or• you have had both legs amputated at or above the ankle, or you were bornwithout feet; or• you are both deaf <strong>and</strong> blind; or• the effort of walking makes your health worse or is life-threatening; forexample, because you have a serious chest or heart condition.You may also qualify for the higher rate if:• you have a severe mental impairment; <strong>and</strong>4


• have severe behavioural problems; <strong>and</strong>• you satisfy the conditions for the highest rate of DLA for care.Lower rate - £18.65 a weekYou get this if you can walk, but, because of a mental or physical disability,you need guidance or supervision when walking outdoors. For example, youcan go to places you know well but need help in unfamiliar places. You mayneed help if, for example, you have a learning disability or mental healthproblem, you are partially sighted, or you have falls, seizures or get confused.How do I claim DLA/AA?You claim DLA/AA in one of these ways:• telephoning the Benefit Enquiry Line ( freephone 0800 882200 ortextphone 0800 243 355) <strong>and</strong> asking for a claim form, or• filling in the tear-off section of DLA leaflet DS 704 or AA leaflet DS 702,available in jobcentre plus offices <strong>and</strong> some Post Offices, or• downloading or completing a claim form on-line atwww.dwp.gov.uk/eservice or• asking for a claim pack at your local Citizens Advice Bureau.A carer or some other person can complete the claim form for you, but youshould still sign the form if you can.If you are applying for someone aged under 16, there is a special claim packthat you can get from the Benefit Enquiry Line or on-line as shown above.Claims from people with a terminal illness are dealt with under special rules.A form (DS 1500) completed by a doctor must be sent with the claim form.You don’t have to fill in the sections of the form about care needs. However ifyou want to claim the mobility part of DLA, you must answer those questions.Another person can make a claim for someone who is terminally ill on theirbehalf <strong>and</strong> without their knowledge.How do I fill in the form?The DLA claim form asks questions about your mobility, care <strong>and</strong> supervisionneeds. The AA form is shorter because it only asks about your care <strong>and</strong>supervision needs.It is important that you give as much information as possible on the form. Yourclaim is usually decided on this information <strong>and</strong> the decision is made by aperson who hasn’t seen you.Take plenty of time to fill in the form. If you suffer from pain or difficulty doingsomething that the form asks you about, such as getting dressed or having abath, or someone has to remind or encourage you, say what these problemsare in the spaces provided. It is important that you put down how often you5


need help with something <strong>and</strong> how long it takes you each time. If yourcondition varies, explain what happens on your worst days <strong>and</strong> how often <strong>and</strong>predictable the ‘bad days’ are. If there are some things that you can’t do at allby yourself, so you’ve stopped trying, say so on the form – remember, it’s thehelp you need that matters, not the help you get.Be realistic when you describe how long it takes you to do things like gettingdressed or getting out of bed. It may even be useful to keep a diary for a fewdays before you complete the form, to remind yourself of the difficulties youhave. You could send a copy of it to the <strong>Disability</strong> <strong>and</strong> Carers Service (DCS)with your claim form. If you are claiming the mobility part of DLA, try to beaccurate about how far you can walk outdoors before you start to feel pain ordiscomfort - don’t just guess that it is 50 metres!If you have a carer, try going through the questions with them - they can addinformation on the form or in a separate letter. There is also a section on theform to be completed by someone who knows about your difficulties. Thiscould be your carer, a relative, or a professional person such as a doctor,social worker, psychiatrist, teacher, CPN, etc.Your local Citizens Advice Bureau (CAB) or Adult Care Services team may beable to help you with the form, as can some voluntary organisations. TheDepartment for Work <strong>and</strong> Pensions (DWP) can give you some guidance onthe sort of information that is required <strong>and</strong> talk you through completing theform over the phone if you are able to actually fill in the form yourself - callFreephone 0800 441144.If you are unable to fill in the form yourself, contact The Benefit Enquiry Line(BEL), who will arrange for someone to ring you <strong>and</strong> complete the form foryou. It will be posted to you for checking <strong>and</strong> signing. Contact BEL onFreephone 0800 882200What happens next?Decisions are mostly based on the information in the claim form. Sometimesthe Pension, <strong>Disability</strong> <strong>and</strong> Carers Service (PDCS) may ask one of theirdoctors to visit you or they may write to your own doctor. They may also writeor phone you for further information. Once a decision is made they will notifyyou in writing. Benefit can be awarded for a fixed period, a year for example,or for an indefinite period.First claims made in <strong>Hertfordshire</strong> are currently dealt with at: Freepost RRLB-ETSU-YLEE, <strong>Disability</strong> Benefits Centre, PO Box 31, London SW95 9BDFreephone 08457 123456.*Three months after a decision is made most claims are moved to the centraloffice in Blackpool: Pension, <strong>Disability</strong> <strong>and</strong> Carers Service, WarbreckHouse, Warbreck Hill, Blackpool, Lancs, FY5 3AW Tel 0845 9000 121*There are plans to move this work to Glasgow but timescales are as yet unknown.6


What can I do if I am unhappy with the decision?If you are refused DLA or AA, or don’t get the right rate of benefit, or thelength of time it has been awarded for is too short, you can ask for thedecision to be revised or you can appeal to a tribunal. You must ask for thiswithin one calendar month of the date on the decision letter. See leaflet 9 inthis pack for further information.If you already get DLA or AA <strong>and</strong> your health has got worse or your care,supervision or mobility needs have increased, you may qualify for a higherrate of benefit. You can ask for the decision on your claim to be superseded.You should write to the Pension, <strong>Disability</strong> <strong>and</strong> Carers Service (DCS) atBlackpool.You need to be aware however, that by asking for a revision, appeal orsupersession, you are opening up the whole claim again. It is possible (butnot very likely) that the DCS could reduce what you have already got, ratherthan increase it. It is worth getting advice before asking for extra DLA – seesection at end.How do DLA/AA affect other benefits?Getting DLA or AA may help you to qualify for extra benefit. For example:• it could help you to either get - or get more - income support, pensioncredit, jobseeker’s <strong>allowance</strong>, employment <strong>and</strong> support <strong>allowance</strong>,housing benefit or council tax benefit. This is especially true if you livealone <strong>and</strong> no-one gets carer’s <strong>allowance</strong> for looking after you. Tell theoffice that pays you those other benefits if you get DLA or AA;• if you have a carer, they may become entitled to a carer’s <strong>allowance</strong> orextra income support, employment <strong>and</strong> support <strong>allowance</strong>, pension credit,housing benefit or council tax benefit if you get the higher or middle rateof DLA for care or either rate of AA. Get further advice about this -sometimes it can reduce the amount of certain benefits that you get if yourcarer gets carer’s <strong>allowance</strong>;• if you get DLA or AA you may get extra tax credits- notify the Tax CreditsOffice of any award;• if you get the higher rate of DLA for care, <strong>and</strong> you get or need help fromAdult Care Services for your care needs, you may qualify for paymentsfrom the Independent Living Fund - speak to your social worker about this;• if you get the higher rate of DLA for mobility, you may qualify forexemption from Road Fund Licence (car tax). You may also qualify for aBlue Badge to extend your car parking rights.What happens to DLA or AA if I go into hospitalor a care home?If you claim DLA or AA while in a NHS hospital it will not be paid until youleave. If you already get DLA or AA <strong>and</strong> go into a NHS hospital, it stops after7


28 days (or after 84 days if you are under 16). DLA does not stop if you are aprivate patient. You also keep it if you are in a hospice. Separate stays inhospital or care that are less than 28 days apart are added together whenworking out the 28 days before DLA care or AA stops.If you are in nursing care that is funded by the NHS you are treated as thoughyou are in a hospital. Otherwise, if you go into a care home, AA <strong>and</strong> the carepart of DLA stop if Adult Care Services helps pay the fees for youraccommodation. If you are paying the fees yourself out of savings or otherincome or have agreed you will repay Adult Care Services when, for example,you sell your house, AA <strong>and</strong> the care part of DLA do not stop.The mobility part of DLA is not affected by stays in a care home.For further information please see factsheet 4 ‘paying for care home fees’If you lose your DLA or AA because you are in hospital or a care home, itshould be re-instated as soon as you return home, as long as you tell theDCS. You should also tell the office that pays you your other benefits (such asincome support, income-related employment <strong>and</strong> support <strong>allowance</strong>, pensioncredit <strong>and</strong> housing benefit) if your DLA or AA has stopped <strong>and</strong> then restarted,because loss of DLA or AA could affect how much you get from those benefitsas well.Further help <strong>and</strong> adviceYour local Citizens Advice Bureau can advise you about DLA <strong>and</strong> AA. Yoursocial worker or local Adult Care Services team <strong>and</strong> some voluntaryorganisations may also be able to assist.For details about your local Citizens Advice Bureau, seewww.hertfordshirecab.org.uk or contact <strong>Hertfordshire</strong> County Council (HCC)on 01438 737555 or 01923 471555 if you are calling from an 01923 or 0208number. You can also access more information on the HCC website atwww.hertsdirect.orgFor legal help <strong>and</strong> information <strong>and</strong> details of other advice agencies in<strong>Hertfordshire</strong>, contact Community Legal Advice on 0845 3454345 Mon - Fri 9am - 6.30 pm (8 pm from July 09) /Sat 9 am -12.30 pm or visit the website atwww.communitylegaladvice.org.ukThis information is for guidance only <strong>and</strong> is not an authoritative statement of the lawPRODUCED BY THE MONEY ADVICE UNIT8

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