Department for Work and Pensions

A guide to non-contributory benefits for disabled people and carers
HB5 November 2006

Terminology

This section defines a number of terms used in this guide.

Attention Some personal service of an active nature, which is reasonably required in connection with bodily functions, carried out in the presence of the disabled person. This can include help by means of the spoken word, for example, persuading a person to do something like eating, or warning a visually impaired person of danger outdoors. Attention to enable a disabled person to take part in a reasonable level of social activity can be included, but the attention must be in connection with bodily functions.
Attention for a significant portion of the day Means help required only at certain times of the day, not on-going throughout the day. The help may be needed all at once or on a number of occasions. What may amount to a ‘significant portion of the day’ will depend largely on a person’s individual circumstances, although attention required for an hour in total is likely to be sufficient. Attention required for a total of less than an hour may be sufficient if providing the attention required disrupts the carer’s life because it is needed often or if it is of a very intense nature.
Awake and watching over

Means that another person has to:

  • stay awake for part of the night
  • or wake up during the night to be able to intervene and prevent or deal with substantial danger.

It is not enough for the person to be asleep and ready to wake up and intervene when required. The risk of substantial danger must be such that the person has to stay awake for a time or make arrangements to wake up several times to prevent or deal with the danger.
Bodily functions

Include such things as:

  • eating and drinking
  • washing and dressing
  • using the toilet.

Help with bodily functions can include help with laundry where this forms part of a continuous episode of attention of a personal and intimate nature in connection with a bodily function.
Children Persons aged under 16, or aged 16–18 in full-time education up to A-level standard or equivalent, or aged 19 and in full-time, non-advanced education or approved training provided they began the course before reaching 19; and some persons aged 16–17, not in full-time education or on a training course, who are registered for employment, training or education with a qualifying body.
Continual supervision throughout the day Means supervision going on all the time, subject to brief interruptions only. Supervision means staying close to people in order to be able to prevent or deal with substantial danger. It often means having to stay in the same room. Just being on hand does not count as supervision unless by being on hand someone could prevent an accident or other danger which is likely to happen or cause substantial harm.
European Economic Area (EEA)

The European Economic Area (EEA) is made up of all European Union (EU) countries: Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Republic of Ireland, Slovakia, Slovenia, Spain, Sweden and the UK, plus Iceland, Liechtenstein and Norway. Gibraltar and Switzerland are treated like EEA countries for social security purposes.
Frequent attention throughout the day The words have their normal meaning – the need for care may be continuous or it may be at frequent intervals. A person may not get Attendance Allowance (AA), or the care component of Disability Living Allowance (DLA), if the only help they need is with getting in and out of bed during the day, or they need only a little help when dressing and undressing.
Great Britain (GB) Great Britain (GB) means England, Scotland and Wales.
Inability to prepare a cooked main meal This is a “hypothetical” test of whether someone would have the ability to carry out the various tasks necessary to make a meal for themselves, if they had the ingredients. This includes the mental ability to plan a meal. It has nothing to do with the person’s actual domestic arrangements.
Needs guidance or supervision outdoors Most of the time the person needs help to make their way safely because of a physical or mental disability. They are treated as needing this help even if they can make their way on a familiar route.
Partner Husband, wife, civil partner, or a person you are living with as if you are married or civil partners.
Prolonged or repeated attention during the night Means that a person must need help at night for more than a few minutes, or that it is needed several times. ‘Prolonged’ has been interpreted as meaning 20 minutes or more; ‘repeated’ as twice or more.
Severe behavioural problems Disruptive behaviour which is extreme and unpredictable, requiring someone on hand ready to intervene physically on a regular basis to prevent physical injury or damage to property whenever the person is awake.
Severely mentally impaired Suffering from arrested or incomplete development of the brain, to the extent that the person will never gain more than the most basic skills.
Unable or virtually unable to walk A person’s walking ability, having regard to the distance or speed at which, length of time for which, or manner in which a person can walk without severe discomfort. It also takes account of whether walking would put a person’s health or life at risk. It does not take account of where they live or work, or the nature of their work.
United Kingdom (UK) United Kingdom (UK) means GB and Northern Ireland, but not Jersey or Guernsey or the Isle of Man.

About this guide

This is one of several guides that give detailed information about social security benefits. It is intended for disabled people who want to know more about benefits available to them, and for their professional advisers.

This guide does not cover the full range of help available for people who are disabled as a result of injuries or illness arising from work, or because of service in the Armed Forces. Contact your local Jobcentre Plus office about industrial injuries benefits. For more information about the War Pensions Scheme (WPS) and the Armed Forces Compensation Scheme (AFCS), contact the Service Personnel and Veterans Agency (see ‘Useful addresses')

Alternatively you can telephone the Benefit Enquiry Line for disabled people and carers.

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This guide and the law

This guide gives a detailed explanation of the rules for non-contributory benefits for disabled people. It cannot cover every situation or problem, or provide a full interpretation of the rules in all cases, so it cannot be treated as a complete and authoritative statement of the law.

The basis of the law for these benefits is contained in the Social Security Contributions and Benefits Act 1992 and the Social Security Act 1998. These Acts provide the framework for the detailed rules contained in regulations and orders made by the Secretary of State and approved by Parliament.

In the text there are references to the relevant Acts and Regulations, to allow you to consult the legal wording of the rules. These documents are listed in ‘Further information ’, which also tells you where you can consult them.

Recovery of Benefits from Compensation (formerly known as 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 a benefit such as:

your eventual compensation award may be reduced to take account of any benefit paid for the same purpose.

For details of the other benefits that could be affected and more information about the scheme, look on the Compensation Recovery Unit’s website www.dwp.gov.uk/cru or look at the guide GL27 Compensation and social security benefits on this website. You can also contact the Unit direct (see ‘Useful addresses').

Introduction

This guide describes:

The benefits described in this guide are non-contributory social security benefits, which means that you do not need to have paid National Insurance (NI) contributions to qualify for them. They are for people who are disabled or who have been ill for some time, and for people who are caring for a disabled person. In most cases a learning disability or mental ill health is covered as well as physical disablement.

Some of the rules in this guide – for example, earnings rules – are concerned with amounts of money. The amounts used are those that apply at the time of publication. For detailed information on all benefit rates see leaflet BRA5DWP Social Security Benefit Rates.

When we talk about the Secretary of State, we normally mean an officer of the Department for Work and Pensions making a decision, or acting, on behalf of the Secretary of State.

You should claim straight away. If you delay claiming, you may lose benefit.

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Gender Recognition Act 2004

From April 2005, if you get a full Gender Recognition Certificate you can receive State Pensions and benefits in the acquired gender. You can get more information on the effect of gender recognition on benefits from the gender recognition website www.grp.gov.uk.

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Civil Partnership Act 2004

From 5 December 2005, references in this guide to a husband, wife or spouse also apply to a civil partner, in accordance with the Civil Partnership Act. References to a partner include a civil partner or two people living together as if they were civil partners.

Attendance Allowance (AA)

Attendance Allowance (AA) is paid to people aged 65 and older who are so severely disabled physically or mentally that they need help with personal care. Definitions of the care conditions can be found in ‘Terminology’.

Your entitlement is based on how much help with personal care you need because of your disability. This is used as a broad indicator of the extra costs arising from your disability. AA may be paid no matter how much money you have, and you do not have to pay tax on it.

If you are living alone or do not have a carer, you can still claim AA. Awards are based on the help you need, not the help you are actually getting.

AA is normally paid to disabled people themselves.

No National Insurance contributions are needed.

Eligibility

Whether you get AA depends on the answers to two sorts of question. One set of questions is about where you live. The other questions are about care conditions. See below for details on these questions.

Where you live

You must normally live in Great Britain (GB) and when you make your claim, you must [Legislation (1)]:

Time spent living in another EEA country may in some cases be treated as a period in GB for the purposes of the 26-week rule.

In certain other circumstances, you may also be treated as living in GB even though you are not there. This applies to:

There is an exception to the 26-week rule:

Northern Ireland and the Isle of Man have similar schemes to AA; Jersey and Guernsey have slightly different ones. If you live in these areas you should claim the allowance from the relevant department in the area where you live.

You will not be entitled to AA if your right to stay in the UK is subject to immigration control. You may be entitled if you are:

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When you can receive help

To qualify for AA you must have met one or more of the care conditions for at least 6 months [Legislation (2)].

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Care conditions

The 2 rates and the conditions which apply to them are:

Lower:

Higher:

The definition of bodily functions, together with definitions for other care conditions, can be found in ‘Terminology’.

Special rules for people with a terminal illness

There are special rules to help people who are terminally ill (people who have a progressive disease and are not reasonably expected to live for more than another 6 months). The special rules are to make sure people get their benefit as soon as possible. People who are terminally ill can qualify immediately for the higher rate without having to satisfy the 6-month qualifying period. You can make a claim under the special rules for such a person without them knowing or without their permission. You should claim straight away. [Legislation (4)]

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What the care conditions mean

Whether you get AA depends on how your disability affects your need for someone to help you with your personal care, not on the type of disability you may have.

How to claim

Method of claiming

You can:

Branches of Citizens Advice and some other voluntary organisations, some local authorities, and offices of the Service Personnel and Veterans Agency also stock claim packs for people who call there for help with making a claim. The Department for Work and Pensions may have designated some of these as ‘Alternative Offices’ to receive claims for specified benefits on its behalf and evidence related to them, and to record the date of claims.

Claims under special rules

A claim under the special rules for terminally ill people can be made straight away.

Other claims

You should claim AA if you have needed help with personal care for 6 months or more. You cannot be paid until you have met one or more of the care conditions for at least 6 months (this is known as the qualifying period). But, by claiming early, you can make sure that payment starts as soon as possible after the end of the qualifying period.

If you have been entitled to AA before and you make a fresh claim, you may not have to wait for the 6-month qualifying period to end as long as you have been paid AA within the last 2 years. [Legislation (5)]

In this case you should claim again as soon as you need help with personal care. If you have any doubt about the correct time to claim, make a claim immediately. AA cannot be paid for any period before you claim.

If you have already been awarded AA, but for a limited period, you will be invited to make a new claim about 6 months before the award expires.

Date of claim

If you obtain your claim form by sending off a tear-off slip from leaflet Attendance Allowance, the date the slip is received by the Department for Work and Pensions will be stamped on the claim form before it is sent out. If you ask for a claim form by ringing a Jobcentre Plus office or the Benefit Enquiry Line, the date of your call will be stamped on it. This also applies if you request a claim form from an Alternative Office. In all of these cases, you then have six weeks to complete and return the claim form, and still keep the same claim date. The date six weeks later is also stamped on the form as a reminder. If you claim online, you will also have six weeks to complete the electronic claim form from the date that you register your claim on the e-service.

However, if you obtain your claim form from an outlet which has not been designated by the Department as an Alternative Office, or you have printed a form from our website, the date of claim will be the date the completed form is received by an office of the Department for Work and Pensions. So, it is important to send in your claim form quickly.

If you claim under the special rules for people who have a terminal illness, remember to send a DS1500 medical report with the claim. You can get the report from the disabled person's doctor.

If you cannot act for yourself

Someone may apply to be appointed to act on your behalf if you are unable to act for yourself because of physical or mental incapacity. If this happens, the person we appoint is responsible for dealing with all your social security affairs, including claiming and receiving benefits. They are also responsible for notifying any changes of circumstances which may affect your AA. [Legislation (6)].

If you are able to handle your own affairs but you have difficulty getting out, you may be able to arrange with your bank, building society or other account provider for someone you trust to have authority to collect your money.

How claims are decided

Decision makers from a Disability Benefit Centre or the Disability Contact and Processing Unit will deal with your claim. [Legislation (7)]

When they consider your claim they will use the information on the completed claim form to see if you are entitled to AA. To be entitled you must satisfy the age conditions, the conditions about where you live and the care conditions.

They may decide that they need more information to make a decision on your claim. If this happens they will ask for extra information. They may obtain this in a variety of different ways. For example, in some cases they may contact someone who they think can provide relevant information. This could be a person you have told us about on your claim form. If they need more information from someone other than a person you told us about on your claim form or a doctor acting for the Department they will get in touch with you to get your permission before they contact this person, unless you have already given your consent on your claim form. In some cases a doctor may be asked to examine you.

The decision on your claim

When we have reached a decision on your claim you will be told about it in a letter. This will explain what decision has been reached and how it has been made. [Legislation (8)]

If your claim is successful the letter will also give you more information on the amount of benefit you will receive each week, the length of time you will receive this, and other help you can get. If your claim is unsuccessful you will be told about the decision and any other help you may be able to get.

You may think that the decision made on your claim for AA is wrong. This may be because your claim is unsuccessful or because you think you should be paid at a different rate or get AA for a longer time. The letter will tell you about your right to ask for the decision to be looked at again or to appeal.

The period of payment

You may get AA for either a fixed period or for an open-ended period. [Legislation (9)]

If you get it for a fixed period this may be for months or for a few years. The letter with the decision on your claim tells you the date payment of your AA starts and the date it ends. We will be in touch with you before it ends to see if you want to make another claim.

If you get AA for an open-ended period, the letter with the decision on your claim will tell you the date payment of your AA starts.

All awards of AA are subject to review and may be affected by a change in your circumstances.

Method of payment

We normally pay AA directly into an account. This is the safest way to pay you and lets you choose how and when you get your money. You can use a bank, building society or other account provider. Most accounts allow you to make savings on some of your bills by paying them by Direct Debit. You may be able to use a cash machine, which will usually mean you can get your money at any time of the day or night. Most of these machines can be used for free, but some of them may charge you to take your money out. If so, you will be warned by a message on the screen. This will give you the opportunity to cancel your transaction without being charged. There are arrangements with some banks and building societies to let you collect cash from many of their accounts over the counter at post offices. For more information on the types of accounts available, please read the notes on the claim form or contact your local Jobcentre Plus office or The Pension Service.

If you are getting another social security benefit (for example, State Pension, Incapacity Benefit or a bereavement benefit), you will normally have your AA paid with that other benefit.

If you change your account details, contact us straight away.

Changes of circumstances

Once you have been awarded AA, you will receive the same rate of payment for the period of the award unless your circumstances change. It will only change if there is a relevant change in your circumstances, for example, if your care needs change.

Changes you should tell us about

You should tell the Disability Contact and Processing Unit:

Please contact the Disability Contact and Processing Unit straight away if you think any of these apply to you. They will then be able to let you know if the change is likely to affect your entitlement to AA.

Living away from home

This section explains the rules for people who live in hospitals or care homes. [Legislation (10)]

You can only receive AA for the first 28 days after you are admitted to an NHS hospital or similar institution, or a care home or independent hospital that is provided with funding from a local authority or sometimes another government department. The 28 days can be continuous or an aggregate (see ‘Respite care’ below). This includes both local authority homes and private care homes and homes run by voluntary organisations where all or part of the funding is provided by a local authority.

Respite care

Respite care is where you move into an NHS hospital or a care home or independent hospital to give the person who looks after you a rest for a few days or weeks. You will continue to get AA for the first 28 days of respite care. These 28 days can be for a continuous period of respite care or for shorter periods which add up to 28 days (the days when you go into and come out of respite care do not count for this purpose). These rules also apply when you move in and out of hospital or respite care because of a fluctuating condition.

Once these 28 days have been used up, you must be out of hospital or a care home for at least 29 days before you can be paid AA for another 28 days of respite care. You must tell the Disability Contact and Processing Unit straight away what the arrangements will be each time you go into respite care.

Payments for intervening periods at home are not affected, even if the 28-day period has been used up in respite care. If you are in any doubt contact the Disability Contact and Processing Unit.

Days away from hospital or a care home

If you are normally in hospital or a care home, you can get AA on a daily basis for any periods you spend away, for example weekends at home, holidays and visits to relatives. You should tell the Disability Contact and Processing Unit about such periods beforehand so that money you are due can be paid promptly. Regular payments may be arranged if you are going to make trips home on a regular basis.

Private patients

If you, another person or a voluntary organisation pay the full cost of your accommodation while you are in hospital as a private patient, or while you are living in a care home or independent hospital, payment of your AA can continue. If the local authority begins to help you with the cost of this accommodation, you should tell the Disability Contact and Processing Unit immediately, because payment of AA will stop after the first 28 days of this funding. NHS-funded nursing care in care homes is not treated as part of the cost of the accommodation. Payment for personal care by a local authority in Scotland is treated as part of the cost.

Voluntary hospices

If you are in a voluntary hospice, you will usually be able to get the higher rate of AA straight away. If you are already getting AA when you go into a voluntary hospice, you can usually keep it while you are there.

Other benefits

Payment of AA is used by other schemes as a way of confirming disablement. For example, AA may qualify you for:

Visit Directgov for the widest range of online information from the Government - there's a section for disabled people covering financial support, disabilty rights, employment, independent living and much more. There is also a section for carers.

Additional benefits

AA is not affected by the payment of any other benefits apart from Constant Attendance Allowance paid with either:

Your AA is reduced by any amount of Constant Attendance Allowance you get.

Effects on other benefits

If you get Housing Benefit or Council Tax Benefit, you may qualify for the severe disability premium in the calculation, provided Carer’s Allowance is not payable to your carer – see guide RR2 A guide to Housing Benefit and Council Tax Benefit for detailed information.

If you get Pension Credit you may qualify for an extra amount for severe disability, provided Carer’s Allowance is not payable to your carer. See guide PC10S Pension Credit A detailed guide for advisers and others for detailed information.

If you are getting AA, someone looking after you may be able to claim Carer’s Allowance. See the next section of this guide.

Carer's Allowance (CA)

Carer’s Allowance (CA) is paid to people who are regularly caring for a severely disabled person who is at home. Before April 2003, this benefit was called Invalid Care Allowance.

Payment of CA does not depend on the level of your savings or on whether you have paid any National Insurance (NI) contributions. However, if you are paid CA you will normally be credited with NI contributions and you may build up an additional pension through State Second Pension for every complete tax year from 6 April 2002 that you are entitled to CA. CA counts as taxable income.

Eligibility

Whether you get CA depends on your age, where you live and work, and whether you care for a disabled person getting the highest or middle rate of Disability Living Allowance (DLA) care component, Attendance Allowance (AA) or Constant Attendance Allowance (CAA) (at or above the normal maximum rate with an industrial disablement benefit or basic (full day) rate with a war disablement pension). You do not have to be related to the disabled person or live at the same address. [Legislation (11)]

The following paragraphs give details on the age, where you live and work, and care conditions for claiming CA.

Your age

You must be 16 or over on the date you begin to qualify for CA.

Where you live

You must normally live in Great Britain (GB) and when you make your claim, you must [Legislation (12)]:

Time spent living in another EEA country, may in some cases be treated as a period in GB for the purposes of the 26-week rule.

In certain other circumstances, you may be treated as living in GB even though you are not there. This applies to:

You will not be entitled to CA if your right to stay in the UK is subject to immigration control. [Legislation (13)]

You may be entitled if you are:

Care

You must spend at least 35 hours a week caring for a disabled person who is getting either [Legislation (14)]:

Exemptions

Work

You may be able to get CA if you earn no more than the lower earnings limit for National Insurance (NI) contributions (£84 a week from April 2006) after the deduction of allowable expenses [Legislation (15)].

Earnings include:

Allowable expenses include:

You can get full details from the Carer’s Allowance Unit.

Education

You will not get CA if [Legislation (16)]:

By full-time education we mean 21 hours or more of supervised study each week (not including breaks, mealtimes or unsupervised private study).

Dependants

You may get an increase of CA for [Legislation (17)]:

Husband, wife or civil partner

You may get an increase of CA for your spouse or civil partner if they are:

Earnings include money paid as an occupational pension by a former employer, money received from the Pension Protection Fund and money paid as a personal pension or self-employed pension.

If your spouse or civil partner is getting a National Insurance benefit in his or her own right, any increase of CA will generally be reduced by the amount of his or her benefit (DLA, AA, basic Industrial Injuries Disablement Benefit or War Disablement Pension do not count).

Children

If you have children, you may be able to get Child Tax Credit. To find out more about Child Tax Credit, phone the Tax Credits helpline on 0845 3003 900. If you use a textphone, the number is 0845 3003 909. For more HM Revenue & Customs contact details.

If you are claiming CA for a period starting before 6 April 2003 (when Child Tax Credit was introduced), you may be able to get an increase of CA for your children. For more information, contact the CA Unit.

Restrictions on benefit

Any increase of CA you are entitled to for a child or children, under rules which operated before 6 April 2003, will be affected if your partner lives with you and earns more than the weekly earnings limit shown in leaflet BRA5DWP Social Security Benefit Rates. You can get this leaflet from your Jobcentre Plus office.

Earnings include money paid as an occupational pension by a former employer, money reveived for the Pensions Protection Fund and money paid as a personal pension or self-employed pension.

Someone looking after your children

If you do not claim an increase of CA for a husband, wife or civil partner, you may get an increase of CA for someone who lives with you and who looks after, or helps to look after children for you.

How to claim

The claim form includes a statement to be signed by the person you are caring for. The statement asks them to confirm that they know that a claim for Carer’s Allowance is being made, that the carer provides them with at least 35 hours care a week and that they are aware that their own benefits could be affected by the claim (click here for more information). In cases where they are unable to sign (because of health problems or because they are under 16), the statement can be signed by someone acting on their behalf.

When to claim

If you are caring for someone who gets the highest or middle rate of care component of Disability Living Allowance (DLA), Attendance Allowance (AA) or Constant Attendance Allowance (CAA) you should claim straight away as you may be entitled to CA. CA cannot be backdated for more than 3 months before the date of your claim. If you are looking after someone who is waiting to hear about a claim for DLA, AA or CAA, you should claim CA no later than 3 months after the decision on their award, so that your CA can be backdated to the start of their award.

Work Focused Interview

If you make a claim for Carer's Allowance, and you are aged between 18 and 60, we are able to offer you a Work Focused Interview with a personal adviser. The interview is not a requirement of your claim for Carer's Allowance, but is available to you if you would like advice about possible part-time employment or training. The help is there should you choose to take advantage of it, either now or later if your responsibilities change. If you would like to discuss whether a Work Focused Interview may be appropriate for you, or arrange an interview, please contact your local Jobcentre Plus office. The details of your local Jobcentre Plus office can be found in the telephone directory.

If you or your partner are claiming other benefits as well as Carer's Allowance you may be required to have a Work Focused Interview as a result of your claim for those benefits. If this is the case, the relevant office will contact you.

How claims are decided

Decision makers from the CA Unit will consider your claim.

If your claim is successful, you will be notified in writing and told how much you will get.

If your claim is unsuccessful, you will be notified in writing of the decision and told what to do if you do not agree with it.

Method of payment

We normally pay CA directly into an account. This is the safest way to pay you and lets you choose how and when you get your money. You can use a bank, building society or other account provider. Most accounts allow you to make savings on some of your bills by paying them by Direct Debit. You may be able to use a cash machine, which will usually mean you can get your money at any time of the day or night. Most of these machines can be used for free, but some of them may charge you to take your money out. If so, you will be warned by a message on the screen. This will give you the opportunity to cancel your transaction without being charged. There are arrangements with some banks and building societies to let you collect cash from many of their accounts over the counter at post offices.

For more information on the types of accounts available, please read the notes on the claim form or contact your local Jobcentre Plus office or The Pension Service.

If you change your account details, contact the CA Unit.

Other claims

A claim for Income Support can be treated as a claim for CA as well. In this case the records must show that you said you could not work because you were looking after a severely disabled person. [Legislation (18)]

If you think these circumstances apply to your case, you should apply in writing to the CA Unit.

Changes of circumstances

Changes you should tell us about

You should tell the CA Unit if:

In certain circumstances CA can continue for several weeks - if:

A total of 12 weeks’ break can be taken in any 6-month period, but no more than 4 of these can be for a reason other than going into hospital. If AA, DLA or CAA stops because the disabled person has gone into hospital, CA will stop too. You must tell the CA Unit about any short breaks in caring of more than 1 week.

If you are getting extra CA for your dependants, you must also tell the CA Unit if:

If you think any other changes in your dependants’ circumstances might affect your CA, let the CA Unit know. You can notify a change of circumstances on-line using the electronic claim form.

Other benefits

CA cannot be paid in full if you could also get any of the following benefits [Legislation (19)] :

These benefits are said to overlap with CA. If you are already getting a benefit which overlaps with CA, you will be paid the weekly rate of CA less the weekly rate of the other benefit.

If another benefit is paid at a higher rate than CA you will not receive payment of CA. However, you retain an underlying entitlement to CA which may entitle you to extra Income Support, income-based JSA, Housing Benefit or Council Tax Benefit through a carer premium or Pension Credit through an extra amount for carers.

Payments of CA are taken fully into account when working out entitlement to Income Support, income-based JSA, Housing Benefit, Council Tax Benefit or Pension Credit, but a carer premium or extra amount is added to the assessment. Payments of CA are also taken into account in the assessment of Working Tax Credit.

Your CA claim could reduce the benefit of the person you care for. If the person you are caring for or their partner has a severe disability premium included in the assessment of their:

this will stop if you get CA for looking after them. See leaflet IS20 A guide to Income Support for detailed information.

If the person you are caring for gets an extra amount in their Pension Credit for severe disability, this will stop if you get CA for looking after them. See guide PC10S Pension Credit A detailed guide for advisers and others for detailed information.

If someone else gets benefit for you

If someone else gets a benefit which includes extra money for you, this money will have to be reduced if you start to get CA. Also, extra money already paid may affect any arrears of CA due to you

National Insurance (NI) contributions

You will normally get a National Insurance (NI) credit for each week CA is paid, unless you are a married woman and have elected to pay reduced rate contributions, which do not count for entitlement to contributory benefits.

Credits protect your rights to a State Pension and some other benefits, but to get NI benefits you will need to have paid some contributions as well. If you are short of contributions for previous years when you did not get credits, you should seek advice from your local Jobcentre Plus office.

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Widow’s and bereavement benefits

If you get a widow’s benefit or bereavement benefit, this will normally be more than CA. This means you will not get extra benefit by claiming CA. However, you may be able to get NI credits if you claim. (NI credits are not awarded with widow’s or bereavement benefits.) The CA Unit will write to you each year to make sure you meet the CA rules before crediting your NI account.

Home Responsibilities Protection (HRP)

The HRP scheme may help you if you do not qualify for CA but you are regularly caring, throughout a tax year, for someone on Disability Living Allowance at the highest or middle rate of care component or Attendance Allowance (at either rate) or Constant Attendance Allowance for at least 35 hours a week. It helps to protect your basic State Pension position, and bereavement benefits for your husband, wife or civil partner. Form CF411 How to protect your State Retirement Pension if you are looking after someone at home gives more information. You can get it from your Jobcentre Plus office, or Pension Centre. Women with reduced liability for NI contributions cannot qualify for HRP.

State Second Pension

From 6 April 2002, you may build up additional State Pension through State Second Pension for every complete tax year you are entitled to CA, unless you are a married woman and have elected to pay reduced rate contributions, which do not count for entitlement to contributory benefits. State Second Pension can only be accrued up to State Pension age. For more information, see leaflet PM9 State pensions for carers and parents – Your guide.

Disability Living Allowance (DLA)

Disability Living Allowance (DLA) is paid to people who are so severely disabled physically or mentally that they have either personal care needs or mobility needs or both.

Your entitlement is based on how much help with personal care and/or mobility you need because of your disability. This is used as a broad indicator of the extra costs arising from your disability.

DLA comprises two components:

the care component – payable at one of 3 rates – for people who need help with personal care

and the mobility component – payable at one of 2 rates – for people who have severe difficulty walking or who need help getting around out of doors.

DLA helps with some of the additional costs arising from disability. It is tax free and does not depend on National Insurance contributions. It is not normally affected by income (including other social security benefits) or by savings [Legislation (20)]. See ‘Exceptions’.

To get the care component, children under 16 must have substantially greater care needs than other children of the same age who are not disabled. To get the lower rate of the mobility component they must need substantially more guidance or supervision outdoors.

DLA is normally paid to disabled people themselves. But for adults who are unable to manage their own affairs, and all children under age 16, payment is made to a person appointed to act on their behalf [Legislation (21)].

Eligibility

There are certain conditions which must be met before help with personal care or mobility may be considered [Legislation (22)].

Age

You must claim DLA before your 65th birthday but awards already made can continue for as long as you meet the conditions. You can make your claim as soon as you meet the conditions but you must have needed help for 3 months before payment can begin, unless the claim is under the special rules for terminally ill people.

The higher rate of the mobility component is payable from age 3, and the lower rate from age 5. The care component is payable from age 3 months (or from birth where a child is terminally ill) [Legislation (23)].

Where you live

You must normally live in Great Britain (GB) and when you make your claim, you must:

Time spent living in another EEA country (see ‘Terminology’), may in some cases be treated as a period in GB for the purposes of the 26-week rule.

In certain other circumstances, you may also be treated as living in GB even though you are not there. This applies to:

There are some exceptions to the 26-week rule:

Northern Ireland and the Isle of Man have similar schemes to DLA; Jersey and Guernsey have different ones. If you live in these areas you should claim from the relevant department in the area where you live.

You will not be entitled to DLA if your right to stay in the UK is subject to immigration control.

You may be entitled if you are:

Living alone

Entitlement is based on the amount of help needed, not the amount actually received. It does not depend on whether or not a person lives alone.

When you can get help

Neither component is payable until you have needed help for 3 months (qualifying period), and you must be expected to need help for at least a further 6 months (prospective test). However you may claim before you have needed help for 3 months. If you have been paid DLA within the past 2 years, and you make a fresh claim, you may not have to wait for the 3-month qualifying period to end [Legislation (25)].

Special rules for people with a terminal illness

There are special rules to help people who are terminally ill (people who have a progressive disease and are not reasonably expected to live for more than another 6 months). The special rules are to make sure people get their benefit as soon as possible. People who are terminally ill can qualify immediately for the highest rate of care component without having to satisfy the 3-month qualifying period. You can make a claim under the special rules for such a person without them knowing or without their permission. You should claim straight away. [Legislation (26)]

The care component

This is available to people who meet one

or more of the care conditions. [Legislation (27)]

The 3 rates, and the conditions which apply to them, are:

Lowest:

Middle:

Highest:

The mobility component

This is available to people who meet one or more of the mobility conditions listed below. There are 2 rates: [Legislation (29)]

Lower:

Higher:

The definition of needing guidance or supervision outdoors, together with definitions for other mobility conditions, can be found in ‘Terminology’.

Artificial aids

If you can use an artificial aid such as a walking stick or an artificial limb, then your ability to walk using that aid is assessed. This does not apply if you have no legs or feet. [Legislation (30)]

People who cannot benefit from going out

The mobility component cannot be paid when you are unable to be moved for medical reasons, or you are unable to benefit from going out (for example, because you are in a coma).

Additional benefits

DLA is not normally taken into account against any other benefits or tax credits you receive; nor is it affected by any other income or savings.

Exceptions

Constant Attendance Allowance (CAA) and War Pensioners’ Mobility Supplement (WPMS) are exceptions because they are equivalent benefits to DLA, but paid under the war pensions or industrial injuries schemes: if you are entitled to CAA or WPMS you will normally receive that instead of DLA.

Income-related benefits

Receipt of either component at any rate acts as a passport to the disability premium or the disabled child premium in Income Support, income-based Jobseeker’s Allowance (JSA), Housing Benefit or Council Tax Benefit.

The severe disability premium may be included in the assessment of benefit for someone who gets the highest or middle rate of the care component, provided Carer’s Allowance is not payable to their carer.

The enhanced disability premium may be included for a person under 60 who gets the highest rate of the care component and satisfies the other conditions.

People getting JSA can be exempt from having to be available for work full time if they have caring responsibilities. People living in the household of a person getting any rate of the care component are exempt from paying non-dependants’ contributions towards that person’s Housing Benefit.

Pension Credit

An extra amount for severe disability may be included in the assessment of Pension Credit for someone who gets the highest or middle rate of the care component, provided Carer’s Allowance is not payable to their carer.

Child Tax Credit

An extra amount may be included in your Child Tax Credit award for any child within your family who gets either component of DLA, or is registered blind, or who has been taken off the blind register in the last 28 weeks. It is paid in addition to the child element for that child.

You may also be awarded a severe disability element for each child in your family who gets the highest rate of the care component of DLA. This is paid in addition to the child element and the disability element for that child.

Road Tax Exemption

If you get the higher-rate mobility component you, or your appointee or nominee, can apply for exemption from vehicle excise duty (road tax). For further information, you can get leaflet V188 “Exemption from Vehicle Excise Duty for disabled people” from main Post Offices® branches.

Carer’s Allowance

Payable to people caring for someone receiving the highest or middle rate of the care component.

Home Responsibilities Protection (HRP)

Carers’ contribution records are protected if they are regularly caring, throughout a tax year, for someone receiving the highest or middle rate of the care component.

How to claim

Method of claiming

You can:

obtain a claim pack by contacting your local Jobcentre Plus office .

Branches of Citizens Advice and some other voluntary organisations, some local authorities, and offices of the Service Personnel and Veterans Agency also stock claim packs for people who call there for help with making a claim. The Department for Work and Pensions may have designated some of these as ‘Alternative Offices' to receive claims for specified benefits on its behalf and evidence related to them, and to record the date of claims

Date of claim

If you obtain your claim form by sending off a tear-off slip from leaflet Disability Living Allowance or Disability Living Allowance for children, the date the slip is received by the Department for Work and Pensions will be stamped on the claim form before it is sent out. If you ask for a claim form by ringing a Jobcentre Plus office or the Benefit Enquiry Line, the date of your call will be stamped on it. This also applies if you request a claim form from an Alternative Office. In all of these cases, you then have six weeks to complete and return the claim form, and still keep the same claim date. The date six weeks later is also stamped on the form as a reminder. If you claim online, you will also have six weeks to complete the electronic claim form from the date that you register your claim on the e-service.

However, if you obtain your claim form from an outlet which has not been designated by the Department as an Alternative Office, or you have printed a form from our website, the date of claim will be the date the completed form is received by an office of the Department for Work and Pensions. So, it is important to send in your claim form quickly.

If you make the claim under the special rules for people who have a terminal illness, remember to send a DS1500 medical report with the claim. You can get the report from the disabled person's doctor.

If you cannot act for yourself

We may appoint someone to act on your behalf if you are unable to act for yourself because of physical or mental incapacity. If this happens, the person who is appointed is responsible for dealing with all your social security affairs, including claiming and receiving benefits. They are also responsible for notifying any changes of circumstances which may affect your DLA. [Legislation (31)]

If you are able to handle your own affairs but you have difficulty getting out, you may be able to arrange with your bank, building society or other account provider for someone you trust to have authority to collect your money.

How claims are decided

Decision makers from a Disability Benefit Centre or the Disability Contact and Processing Unit will consider your claim. [Legislation (32)

When they consider your claim they will use the information on the completed claim form to see if you are entitled to DLA. To be entitled you must satisfy the age conditions and the care and/or mobility conditions.

In some cases they may decide that they need more information to make a decision on your claim. If this happens they will ask for extra information. They may obtain this in a variety of different ways. For example, in some cases they may contact someone who they think can provide relevant information. This could be a person you have told us about on your claim form. If they need more information from someone other than a person you told us about on your claim form or a doctor acting for the Department they will get in touch with you to get your permission before they contact this person. In some cases a doctor may be asked to examine you.

The decision on your claim

When we have reached a decision on your claim you will be told about it in a letter. This will explain what decision has been reached and how it has been made. [Legislation (33)]

If your claim is successful the letter will also give you more information on the amount of benefit you will receive each week, the length of time you will receive this, and other help you can get.

If your claim is unsuccessful you will also be told about the decision and any other help you may be able to get.

You may think that the decision made on your claim for DLA is wrong. This may be because your claim is unsuccessful or because you think you should be paid at a different rate or get DLA for a longer time. The letter will tell you about your right to ask for the decision to be looked at again or to appeal.

The period of payment

You may get DLA for either a fixed period or for an open-ended period. [Legislation (34)]

If you get it for a fixed period this may be for months or for a few years. The letter with the decision on your claim tells you the date payment of your DLA starts and the date it ends. We will be in touch with you before it ends to see if you want to make another claim.

If you get DLA for an open-ended period the letter with the decision on your claim will tell you the date payment of your DLA starts.

All awards of DLA are subject to review and may be affected by a change in your circumstances.

Method of payment

We normally pay DLA directly into an account. This is the safest way to pay you and lets you choose how and when you get your money. You can use a bank, building society or other account provider. Most accounts allow you to make savings on some of your bills by paying them by Direct Debit. You may be able to use a cash machine, which will usually mean you can get your money at any time of the day or night. Most of these machines can be used for free, but some of them may charge you to take your money out. If so, you will be warned by a message on the screen. This will give you the opportunity to cancel your transaction without being charged. There are arrangements with some banks and building societies to let you collect cash from many of their accounts over the counter at post offices. For more information on the types of accounts available, please read the notes on the claim form or contact your local Jobcentre Plus office.

If you are getting another social security benefit (for example State Pension, Incapacity Benefit or a bereavement benefit), you will normally have your DLA paid with that other benefit.

If you change your account details, contact us straight away

Changes of circumstances

Once you have been awarded DLA you will receive the same rate of payment for the period of the award unless your circumstances change. It will change only if there is a relevant change in your circumstances, for example if your care or mobility needs change.

Changes you should tell us about

You should tell the Disability Contact and Processing Unit:

Please contact the Disability Contact and Processing Unit straight away if any of these apply to you. They will then be able to let you know if the change is likely to affect your entitlement to DLA.

Living away from home [Legislation (35)]

This section explains the rules for people who live in hospitals or care homes.

You can only receive DLA for the first 28 days (84 days if you are aged under 16) after you are admitted to an NHS hospital or similar institution. In the case of the care component, you can only receive DLA for the first 28 days you spend in a care home or independent hospital that is provided with funding from a local authority or sometimes another government department. The 28 days can be continuous or an aggregate (see ‘Respite care’ below). This includes both local authority homes and private care homes and homes run by voluntary organisations where all or part of the funding is provided by a local authority.

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Respite care

Respite care is where you move into an NHS hospital or a care home or independent hospital to give the person who looks after you a rest for a few days or weeks. You will continue to get the DLA mobility component if you are admitted to a care home. The care component, and the mobility component if you are admitted to an NHS hospital or similar institution, will continue for the first 28 days of respite care.

These 28 days can be for a continuous period of respite care or for shorter periods which add up to 28 days (the days when you go into and come out of respite care do not count for this purpose). These rules also apply when you move in and out of hospital or a care home because of a fluctuating condition.

Once these 28 days have been used up, you must be out of hospital or a care home for at least 29 days before you can receive payments during another 28 days of respite care. You must tell the Disability Contact and Processing Unit straight away what the arrangements will be each time you go into respite care.

Payments for intervening periods at home are not affected, even if the 28-day period has been used up in respite care.

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Days away from hospital or a care home

If your DLA is not normally payable because you are in hospital, you can get payments on a daily basis for any periods you spend away, for example weekends at home, holidays and visits to relatives. Similarly, you can get the care component, in addition to normal payments of the mobility component, for days you spend away from a care home.

You should tell the Disability Contact and Processing Unit about such periods beforehand so that money you are due can be paid promptly. Regular payments may be arranged if you are going to make trips home on a regular basis.

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Private patients

If you, another person or a voluntary organisation pay the full cost of your accommodation while you are in hospital as a private patient, or while you are living in a care home or independent hospital, payment of your DLA can continue. If the local authority begins to help you with the cost of this accommodation, you should tell the Disability Contact and Processing Unit immediately, because payment of DLA will stop after the first 28 days of this funding. NHS funded nursing care in care homes is not treated as part of the cost of the accommodation. Payment for personal care by a local authority in Scotland is treated as part of the cost.

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Voluntary hospices

If you are in a voluntary hospice, you will usually be able to get the highest rate of the DLA care component straight away.

If you are already getting DLA when you go into a voluntary hospice, you can usually keep it while you are there.

Motability

You can if you wish use the higher rate of the mobility component of your DLA to pay for a car, powered wheelchair or pavement scooter through the Motability scheme. The Disability Contact and Processing Unit at Warbreck House pays the money, all or part, direct to Motability Operations, Motability's service provider for cars, or route2mobility, Motability's service provider for powered wheelchairs and pavement scooters, on your behalf. Motability is a registered charity which helps people receiving DLA higher-rate mobility component to get a car (which can be specially adapted), powered wheelchair or pavement scooter.

The provisions outlined in this section also apply to people receiving the War Pensioners' Mobility Supplement. New cars are available on contract hire or can be bought on hire purchase (HP). Powered wheelchairs, pavement scooters and used cars are also available through contract hire or HP over a term of 1 to 5 years. Finance is provided through separate companies.

You must have an award of DLA mobility component (at the higher rate) and you should expect to receive the allowance for the full length of the agreement you choose. Motability will accept your application if you have at least 12 months of your award remaining when you apply. The type and length of agreements available under the Motability Scheme are:

New car on contract hire lease 3 years
New or used car on HP 2 to 5 years
New car on HP 4 or 5 years
New or used powered wheelchair or scooter on HP 1 to 3 years
New or used powered wheelchair or scooter on contract hire lease Up to 3 years

You must agree to the Disability Contact and Processing Unit paying all or part of your DLA mobility component direct to Motability Operations or route2mobility for the duration of the agreement. Before taking delivery, you must pay any difference between the cost of the vehicle and the amount of DLA available during the period of the agreement.

Cars on contract hire (lease)

You must agree to pay all or part of your DLA mobility component (including any increases) to Motability Operations for the whole of the standard 3-year period. Any deposit or extra costs, including adaptations, have to be paid at the start of the agreement. You must also pay for the removal of any adaptations on expiry of the agreement. Some cars are available for less than the rate of benefit and any balance of DLA mobility component will be paid back to you.

Repairs and maintenance are provided free under the hire agreement, but it is your responsibility to arrange for the servicing and repair of your car. Motability has special arrangements for insurance which form part of the agreement. You are also responsible for keeping your car in good condition apart from fair wear and tear. If you make no insurance claims during the three years on the Scheme and the car is returned in good condition, you will be eligible for a £200 bonus.

A charge is made if your average mileage exceeds 45,000 miles in 3 years.

Cars on hire purchase (HP)

Motability will advise you of the length of the HP period and agree with you the amount of DLA which will be paid directly to Motability Operations. Any balance of DLA remaining and all increases are paid to you. You must pay any deposit and extra costs not covered by the HP agreement. As you are buying a car, you must arrange and pay for the running costs and obtain comprehensive insurance cover.

Further information

Detailed information about the above schemes or the HP schemes for used cars, powered wheelchairs and pavement scooters can be obtained from the address given in 'Useful addresses'.

Motability can also advise you if you have problems in meeting the deposit or extra costs. If you can show that you need a particular vehicle or adaptation, Motability may be able to assist you from its charitable funds or Government funds.

War Pensioners’ Mobility Supplement

If you get a war pension assessed at 40% or more and you are unable to walk because of the disability you get the pension for, you may be able to get War Pensioners’ Mobility Supplement. There is no age limit and it pays more than the DLA mobility component. For more information, get VA-Leaflet-2 "Notes for people getting a war pension living in the United Kingdom" from the Service Personnel and Veterans Agency.

Introduction

You can get Severe Disablement Allowance (SDA) only if you were getting it on 5 April 2001 or the linking rules (see under the heading ‘Linking’ in this section) apply if you make another claim.

SDA was designed to help people who had never been able to work, or who had not been able to work for at least 28 weeks, because of physical or mental illness or disability. Once it has been awarded there is no upper age limit. [Legislation (36)]

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New claims for people aged 16–25

If you are aged 16 or over and under 20 (or under 25 if you have been in education or training) and you have been sick or disabled for 28 weeks, you may be able to get Incapacity Benefit even if you have not paid enough National Insurance contributions to get it under the normal rules. See leaflet IB1JP A guide to Incapacity Benefit - Information for new customers.

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Linking

You may get SDA as soon as you become incapable of work. The following rules explain when this is allowed, but they are quite complicated. If you think they might apply to your case, ask your Jobcentre Plus office. Claims which are based on these rules are said to link with the earlier period of entitlement to SDA, Non-contributory Invalidity Pension (NCIP) or Housewives’ Non-contributory Invalidity Pension (HNCIP). You may get SDA without having to wait 28 weeks if: [Legislation (37)]

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Incapacity for work

You are regarded as incapable of work when you are not working because you are either physically or mentally disabled or suffering from a specific disease or condition, which includes mental illness and/or a learning disability. There are procedures for assessing incapacity for work. [Legislation (38)]

SDA customers in receipt of the benefit on 12 April 1995 are exempt from the current test of incapacity unless there is good reason to doubt incapacity.

The procedures apply to all SDA claims made on or after 13 April 1995. There are 2 tests:

Where both incapacity and disability need to be tested you will normally be asked to attend only one. For more information see guide IB1JP A guide to Incapacity Benefit – Information for new customers. You can get it from your Jobcentre Plus office.

Usually for the first 28 weeks of incapacity for work we will assess your ability to carry out your own job. This is called an ‘own occupation’ test and is based on medical certificates provided by your doctor.

After 28 weeks of incapacity for work, you will be assessed under the personal capability assessment (PCA) to establish whether you meet the threshold of incapacity for benefit. It can apply from the start of your illness or from the 28th week of your illness, depending on whether you were working, and for how long, before you claimed. The PCA assesses the extent to which you are capable of carrying out certain every-day activities. The activities cover physical, sensory and mental functions. The assessment measures the disabling effects of your medical condition.

You may be asked to complete a questionnaire about your illness or disability and to get a form MED 4 from your doctor. The MED 4 will be used by your doctor to give us further information about your medical condition. You may also be examined by one of our own doctors.

There are special arrangements for people who have mental health problems.

A decision maker in Jobcentre Plus will decide if you meet the threshold of incapacity under the PCA.

Some people with certain illnesses or disabilities are treated as meeting the threshold of incapacity without being assessed [Legislation (39)].

There are a minority of cases where exceptional circumstances may apply and someone is treated as meeting the threshold of incapacity [Legislation (39)].

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Permitted work

There are more flexible rules for people getting SDA who want to try some paid work. These replaced the former therapeutic work rules. The work you can do is now called permitted work.

There are 3 situations where you can get SDA and do some permitted work:

If you want to do permitted work you do not need to get a doctor’s approval to do the work, but you must tell the office that deals with your benefit in writing.

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Permitted work notification procedures

You should tell the office that deals with your benefit about permitted work you want to do before you start it. This should ensure that your benefit records are kept up to date, and that we should not need to ask you extra questions about your change in circumstances.

If, however, you are not able to tell the office that deals with your benefit before you start work, you must write to them about the work within the following time limit:

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Voluntary work

You may be able to get SDA if you do voluntary work. The work must be for someone other than a member of your family and you must not get any payment for it, other than reasonable expenses.

You may also be able to carry on getting SDA if you are a member of the Disability Living Allowance Advisory Board or a panel member with a disability qualification of a Social Security Appeal Tribunal and you do not carry out your duties as a Board or Tribunal member on more than one day a week.

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80% disablement

If your incapacity began after age 20, you must continue to be at least 80% disabled to get SDA.

You do not have to be 80% disabled to get SDA under the linking rules if you once had NCIP or HNCIP or if you have had SDA on the basis of incapacity starting on or before your 20th birthday.

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Who is accepted as 80% disabled?

You may be accepted as passing the 80% disablement test without having to provide any further medical evidence if you:

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How disablement is assessed

Any type of mental or physical illness or disability can count towards 80% disablement for the purposes of SDA, and two or more illnesses or disabilities can be added together to count as 80% disablement. When the assessment is being made, all your disabling conditions are taken into account. They will be rounded up to the nearest 10%. [Legislation (41)]

In general, if your overall condition is such that, because of mental or physical illness or disability, you are severely restricted in the things you can do, or you cannot lead a normal life, you may be 80% disabled.

Because every case is assessed individually and the facts of each case vary so much, it is difficult to give hard and fast examples for all types of illness or disability.

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Listed physical disabilities

Some types of disability have a fixed percentage. These are listed in the Schedule of prescribed degrees of disablement. There is a copy of this list on the prescribed degrees of disablement page.

The schedule shows, for example, that someone who is profoundly deaf or who has lost both hands is 100% disabled. Someone who has lost a leg just below the hip will be 80% disabled, however well they manage with an artificial limb. Loss of a thumb counts as a 30% disablement. The assessment may be higher than the percentage listed in the schedule if, for example, you have a lot of pain or there are other complications in your case.

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Unlisted disabilities

If you have an illness or disability which is not listed in the schedule, it will be assessed in two ways – by comparing the effects of the illness or disability with the effects of those listed and by comparing your mental and physical condition with that of a non-disabled person of the same sex and age. So, for example, if you have such bad arthritis in your hand that you cannot use it at all, you may be assessed as if you had actually lost your hand (60% disablement). If you have pain, the assessment may be higher still.

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Mental disabilities

With cases of learning disability or mental illness, decision makers will try to build up a complete picture of the disablement. This will be based on statements provided by the disabled person and those caring for him or her, and, where appropriate, doctors’ reports, hospital case notes, and information obtained from sources like special schools and social service work departments. The assessment will take into account things like:

A disabled person who is capable of carrying out all the functions of everyday living unaided but can do so only when instructed and does not have the initiative to perform them without prompting may well be assessed as 100% disabled. In many cases, of course, the person with a learning disability will have had this condition since birth and will not have to satisfy the 80% condition.

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Occasional disabilities

Some disabilities like epilepsy or multiple sclerosis only occur from time to time, or are worse at some times than others. When doctors are assessing cases like this, they will want to know the history of the illness, and how much it varies. They will also use their medical judgement, and specialist reports if necessary, to consider what is likely to happen in the future. For example they will consider whether the disability is likely to get better or worse.

Then they will work out a percentage which is based on your average condition over a period of time and provides an opinion for the decision maker. If you are in doubt about whether or not you will satisfy the 80% disablement test, you should claim anyway.

Dependants

You may be able to get an increase of SDA for: [Legislation (42)]

The increase of SDA will normally be paid to you. You may be asked to show marriage or civil partnership and birth certificates to support your claim.

If you have children, you may be able to get Child Tax Credit. For more information, see 'Further information'.

Increased SDA for a wife, husband or civil partner

You may get an increase of SDA for your wife, husband or civil partner if:

If your wife, husband or civil partner does not live with you then you may still be able to get an increase if:

Work Focused Interviews for partners

Where you get an increase of benefit for your partner (other than a partner aged 60 or over), they may be required to take part in a Work Focused Interview with a Personal Adviser after you have been claiming SDA for 26 weeks or longer. The Personal Adviser will discuss a range of topics with your partner, which may include: current or future job prospects; training to help bring their work skills up to date; and help and advice if they are considering moving into work, increasing the number of hours that they already work, or changing jobs.

Any of the options your partner discusses with their Personal Adviser are voluntary. Your benefit may be reduced if, without good reason, your partner does not take part in their Work Focused Interview.

Increased SDA for a person looking after children

You may be able to get an increase of SDA for a person looking after your children if:

If the person you are claiming for is not living with you then you may still be able to get an increase for them if:

Effect of dependants’ earnings on increased SDA for dependants

Increased SDA you are entitled to for a child or children, under the rules which operated before 6 April 2003, will be affected if your husband, wife or civil partner lives with you and earns more than the weekly earnings limit shown in leaflet BRA5DWP Social Security Benefit Rates. You can get this leaflet from your Jobcentre Plus office.

You may lose all or part of the extra SDA for an adult if the adult earns more than the appropriate weekly earnings limit shown in leaflet BRA5DWP Social Security Benefit Rates. Increased SDA for a person who does not live with you, but is employed by you to look after children for you, is not affected by any earnings that person may have.

What counts as earnings

Earnings include: [Legislation (43)]

Some expenses can be deducted. These include:

Child Tax Credit

If you have children, you may be able to get Child Tax Credit. To find out more about Child Tax Credit, phone the Tax Credits helpline on 0845 3003 900. If you use a textphone, the number is 0845 3003 909.

For more HM Revenue & Customs contact details.

Effects on other benefits

If you are entitled to both SDA and any of the following benefits they cannot be paid together in full [Legislation (44)]:

Your SDA is reduced by the amount of that benefit.

Payments of SDA are taken fully into account when working out entitlement to Income Support. Other income-related benefits may be affected.

If you get Income Support, Housing Benefit or Council Tax Benefit, you may be entitled to the disability premium (see guide IS20 A guide to Income Support for detailed information).

If you need to make a further claim for SDA

How to claim

To make a claim for SDA, contact your local Jobcentre Plus office. You can find the address and telephone number of your local office by visiting the website www.jobcentreplus.gov.uk or by looking in your local telephone directory.

When to claim

If you previously got SDA, make a further claim as soon as you think one of the linking rules applies to you.

People who cannot act for themselves

People who cannot act for themselves can have another adult appointed to act on their behalf and to receive SDA. The person appointed is normally a relative or an officer at the hospital or the home in which they live.

How claims are decided

Decision makers at your Jobcentre Plus office will decide whether you are entitled to SDA. [Legislation (45)]

Method of payment

We normally pay SDA directly into an account. This is the safest way to pay you and lets you choose how and when you get your money. You can use a bank, building society or other account provider. Most accounts allow you to make savings on some of your bills by paying them by Direct Debit. You may be able to use a cash machine, which will usually mean you can get your money at any time of the day or night. Most of these machines can be used for free, but some of them may charge you to take your money out. If so, you will be warned by a message on the screen. This will give you the opportunity to cancel your transaction without being charged. There are arrangements with some banks and building societies to let you collect cash from many of their accounts over the counter at post offices. For more information on the types of accounts available, please read the notes on the claim form or contact your local Jobcentre Plus office.

If you change your account details, contact us straight away.

Changes of circumstances

If you get extra SDA for your dependants, you must tell your Jobcentre Plus office at once if any of the following changes take place:

You should also tell them if you change your address.

If you go abroad SDA is payable for up to 26 weeks of a temporary absence if you have gone only for the treatment of an illness or disability which began before you left the UK, or you were incapable of work for at least 6 months before you left. In some circumstances it can be paid longer if you have gone specifically to receive treatment. It may also remain payable if you go to another [EEA country]. [Legislation (46)]

If you are working you cannot normally get SDA. But exceptions are made for permitted or voluntary work .

If you get extra SDA for your dependants, you must tell the Jobcentre Plus office of any relevant changes. For example, let the office know if your partner starts work, or their earnings go up, or your children leave school or home, or your dependants start to get another benefit in their own right (except DLA).

National Insurance (NI) contributions

While you are getting SDA, you will get a National Insurance (NI) credit for each week (Sunday to Saturday), unless you have married women’s reduced liability. Credits protect your rights to State Pension and other benefits. However to get NI benefits you will need to have paid some contributions as well. If you are short of contributions for previous years when you did not get credits, you should seek advice from your local Jobcentre Plus office.

State Second Pension

From 6 April 2002, you may build up additional State Pension through State Second Pension for every complete tax year you get SDA, depending on your NI contribution record. State Second Pension can only be accrued up to State Pension age. For more information, see leaflet PM9 State pensions for carers and parents – Your guide.

Further Information

Rates of benefits

Rates of benefits are published each year in a Social Security Uprating Order which is approved by Parliament. Benefits are usually uprated in April, at the beginning of each financial year. Details are in leaflet BRA5DWP Social Security Benefit Rates. You can get this from your Jobcentre Plus Office.

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Information sent by third parties

No supporting medical evidence submitted by a third party can be used without written permission from the author. If you are sending in any medical evidence on behalf of someone else, please send a covering letter stating whether or not this information can be sent directly to the person in whose name the claim is being made.

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Child Tax Credit

To find out more about Child Tax Credit visit: www.hmrc.gov.uk/taxcredits.

You can also ring the HM Revenue & Customs by calling the helpline on the following numbers:

England, Scotland and Wales: 0845 300 3900

Northern Ireland only: 0845 603 2000

Textphone for people with hearing or speech difficulties:

England, Scotland and Wales: 0845 300 3909

Northern Ireland only: 0845 607 6078

Lines open: 8am–8pm seven days a week (except Christmas Day, Boxing Day, New Year ’s Day and Easter Sunday).

If you need help or a form in Welsh, please telephone 0845 302 1489. Lines open: 8.30am – 5pm Monday to Friday.

Directgov

Visit Directgov for the widest range of online information from the Government - there's a section for disabled people covering financial support, disabilty rights, employment, independent living and much more. There is also a section for carers.

Guides and leaflets and where to get them

You can view other DWP guides and leaflets on this website. For your nearest office look for Jobcentre Plus or social security in the business numbers section of the phone book.

Leaflets on Housing Benefit and Council Tax Benefit are also available from your local council.

To contact us by email see the Contact Us section of the website.

Community or welfare rights advisers who belong to an organisation that gives benefits information to the public can join the DWP's Publicity Register. The Register gives advisers access to information from the DWP. To join, call 0845 602 4444 (9am-6pm, Monday to Friday).

Detailed information

Guides, such as this one, give detailed information on particular benefits or benefit areas.

Leaflets referred to in this guide

Benefit Enquiry Line

A confidential telephone service is available for people who are sick or disabled, carers and representatives. Ring the Benefit Enquiry Line (BEL) on 0800 88 22 00. People with speech or hearing problems using a textphone can dial 0800 24 33 55. You can also use the RNID Typetalk service.

If you speak Welsh, you can still use the numbers above.

BEL is open Monday to Friday, 8.30am to 6.30pm and Saturday, 9.00am to 1.00pm.

The person taking your call will not have your personal papers but will be able to give you general information about all benefits.

Information can be produced in Braille or large print. Help is available with completing forms for disability benefits.

The Acts and Regulations

The Acts and Regulations which set down the rules explained in this guide are included in a series of loose-leaf books, The Law relating to Social Security (also known as the blue volumes), which are published by The Stationery Office Ltd.

The relevant Acts and Regulations are indexed and kept up to date by regular supplements.

You can consult a copy at your Jobcentre Plus office and many libraries also have a copy. Copies can also be bought direct from The Stationery Office Ltd.

You can view 'The Law relating to Social Security' on the Department for Work and Pensions website. The address is: www.dwp.gov.uk/advisers/docs/lawvols/bluevol/index.asp

The Acts and Regulations in the following numbered list are linked to the text to which they apply. Because some of this legislation is linked to more than one part of the guide, it may appear two or t