Benefits

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Benefits if you are too ill to work
Disability Living Allowance
Other benefits
Benefits advice

Benefits if you are too ill to work

If you are in work and become ill then you may be entitled to Statutory Sick Pay (SSP). This is payable if you earn over a certain amount each week (£84 before tax and national insurance), and you will need a doctor’s certificate after the 7th day of your absence. Depending on your employer’s policy on sickness, you may also be entitled to company sick pay.

If you have had to finish work because of ill health then you should be able to claim Incapacity Benefit (IB). You will need to prove to the benefits office that you cannot work, usually through a Personal Capability Assessment which is a form that asks you about your illness and what you can and can’t do because of it.

You should also claim for Income Support if you are out of work. This is a means tested benefit so if you have over a certain amount of money coming in each week, or have over a certain amount of savings you will not be able to get any income support.

When you apply for Incapacity Benefit and Income Support, you will also be able to apply for Housing Benefit and Council Tax Benefit. These benefits are also means tested, but the amount of savings you are allowed is higher than with Income Support.

All of the forms you will need to fill in to apply for these benefits can be quite complex and difficult to complete. If you are unsure about what to do, or about what you are entitled to, then it’s a good idea to get some advice, and you’ll find information about where to get advice later in the section on benefits advice.

Disability Living Allowance

If you experience health problems which affect your ability to get about or look after yourself, you may be entitled to Disability Living Allowance (DLA).

Unlike Incapacity Benefit and Income Support, Disability Living Allowance is payable whether you work or not. It is not a means tested benefit so if you meet the criteria then you will get DLA however much money you earn or have saved. To be eligible you need to have, and be able to prove that you have, care or mobility needs.

I was diagnosed in 2000 and have since experienced long-term problems with peripheral neuropathy, which has at times severely affected my ability to walk and look after myself. At first I was discouraged from applying for DLA since I was told I wouldn’t get it. However a couple of years ago, after talking to a friend who has similar problems, I realised that since I need help getting around I should be entitled to DLA. I applied and sure enough I was eligible for the lower rate care allowance and higher rate mobility allowance. I can’t work at the moment, so the extra £240 a month is essential for me to get by. I only wish I’d applied when the problems started as I missed out on money that I was entitled to. (Craig, 34)

DLA is split into two components – care and mobility. The care component is payable if you need help with looking after yourself, such as cooking meals, getting dressed or doing the shopping. The mobility component is payable if you have problems getting about, such as with walking or lifting. Each component has three rates – higher, middle and lower.

Review of DLA awarded under the ‘special rules’

You may be affected by or aware of the current review of DLA awarded under the ‘special rules’.

The special rules apply to claims for Disability Living Allowance from people who have a terminal illness. The special rules for Disability Living Allowance mean that the Department for Work and Pensions assume that you meet the conditions on entitlement relating to the level of personal care needed. They will also treat your claim for Disability Living Allowance as a priority and process it much more quickly than other cases.

The DWP regard you as ‘terminally ill’ if you suffer from a disease which is getting worse and you are not expected to live longer than 6 months because of that illness.

Improvements in treatment for HIV have prompted the DWP to look again at awards made under the special rules – awards which would have previously been exempt from review.

The review is regarded as highly controversial and, understandably, there are many people living with HIV who are affected by it, some of whom are reporting much distress over losing, or fears that they will lose, vital income. If you need information or advice about the DLA review then the following websites provide some useful information and advice:

www.hivbenefits.co.uk
hivdlareview.blogspot.com

Other benefits

There are other benefits that you may be eligible for. This list is not exhaustive as there may be other local benefits that you are entitled to:

Working tax credits. If you are working, or going back into work, and on or going to be on a low income you may be entitled to tax credits. If you are disabled there is an extra entitlement under this scheme and as long as you are working 16 hours or more a week you may be able to claim. Visit www.direct.gov.uk for more information.

Motability car scheme. If you get the higher rate of mobility component of DLA, you may be eligible for this scheme. This will allow you to have a new leased car which is fully insured in exchange for the mobility component of your DLA. Visit www.motability.co.uk for more information.

Disabled blue badge. If you get the higher rate of mobility component of DLA, you will be entitled to a blue badge which you can use to park in disabled bays and other places (such as single yellow lines and parking meters without paying). You don’t need to own a car to qualify for a blue badge as you can use it in any car as long as it is being used to get you around. Contact your local council for more information and how to apply.

Free council parking. If you hold a blue badge and lease a council parking space, you may be able to get the space without paying the lease. Contact your council to find out if this applies to you.

Carers Allowance. If you get the middle or higher rate of care component of DLA, then your primary carer may be eligible for this benefit. Contact your benefits office to find out how to apply.

Free congestion charge. If you use a car and you hold a blue badge, you can apply to be exempt from the London congestion charge. The car doesn’t need to be owned by you; as long as the car is being used to get you around you should qualify. Contact Transport for London (www.tfl.gov.uk) to find out if you qualify and how to apply.

Road tax exemption. If you hold a blue badge and if the car you use is only ever used by you or by someone driving you around, you may be exempt from road tax. Visit www.direct.gov.uk for more information.

Freedom pass. This gives you free travel on public transport in London, and is available if you are over 60 or have an eligible disability. Visit www.freedompass.org to find out if you are eligible and how to apply.

Free local council leisure pass. Depending on your local council rules, you may be entitled to use their sports centres and other leisure facilities for free. Contact your local council to find out.

Disabled person’s railcard. If you receive the higher rate mobility, or middle or higher rate care components of DLA, you will also be entitled to apply for a disabled person’s railcard. Visit www.railcard.co.uk for more information.

Benefits advice

If you need help and advice about what benefits you are entitled to, or if you need help with filling in application forms for any benefits you are applying for, then you can get benefits advice from THT. Call THT Direct on 0845 12 21 200 and ask for an appointment with a benefits advisor.

TCell produce an information resource for anyone affected by the current review of DLA awarded under the ‘Special Rules’ at www.hivbenefits.co.uk and hivdlareview.blogspot.com

Alternatively you could contact the Citizens Advice Bureau (CAB) who offer free benefits advice. Visit www.adviceguide.org.uk to find online advice about benefits and all other services offered by the CAB.

To make an appointment with your local CAB branch, visit www.citizensadvice.org.uk to find the one nearest to you.