Benefits for people who are sick or disabled

If you are sick or disabled, there are a number of different benefits and tax credits you may be able to claim.

Remember that you may be able to get other benefits as well, depending on your circumstances. You may be able to get benefits for being on a low income like Housing Benefit and Council Tax Benefit, or benefits because you have children.

Even if you cannot claim any benefits, you may be able to get national insurance credits if you are unable to work or you are a carer.

If you are disabled, information about benefits and tax credits must be available in a way that is accessible to you. For example, information must be available in large print or in Braille.

Also, if you are disabled, you may be entitled to other help apart from benefits and tax credits. For example, you might get cheaper public transport, parking concessions and practical help with care from your local council. You also have the right not to be discriminated against at work or when you receive goods or services.

For more information about what help you can get from the council if you're disabled, see Community care.

For more information about your rights if you're disabled, you should get in touch with your local authority or consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

The Benefits Enquiry Line

The Department for Work and Pensions (DWP) run a telephone helpline giving information on benefits for sick and disabled people, their representatives and carers. This is called the Benefits Enquiry Line (BEL). In Northern Ireland, the Benefits Enquiry Line is run by the Social Security Agency. The helpline also offers help filling out claim forms over the phone when you are applying for Disability Living Allowance and Attendance Allowance.

You can contact the Benefits Enquiry Line on 0800 882200 (0800 220674 in Northern Ireland) or Minicom 0800 243355.

Working Tax Credit

You may be able to claim Working Tax Credit if you are disabled and work at least 16 hours a week. Working Tax Credit is paid by the HM Revenue and Customs, and depends on your income. It is paid in addition to benefits for the extra costs of disability such as Disability Living Allowance. However, Working Tax Credit may affect other income related benefits you get - for example, Housing Benefit and Council Tax Benefit.

Benefits for people who cannot work

If you cannot work because you are sick or disabled, whether temporarily or permanently, you may be able to claim Statutory Sick Pay or Incapacity Benefit. Usually, Statutory Sick Pay is paid for the first 28 weeks of sickness if you work for an employer. Otherwise, you should claim Incapacity Benefit. Some people get Severe Disablement Allowance, but you cannot make a new claim for this benefit because it has been abolished - see under heading Severe disablement allowance.

If you cannot get Statutory Sick pay or Incapacity Benefit, you may be able to get Income Support instead. In some cases, you can get Income Support on top of these benefits, depending on your circumstances and income.

Statutory Sick Pay and Incapacity Benefit are intended to provide an income in place of your earnings when you cannot work. Income Support is for people who work less than 16 hours a week. If you are able to do some work, you will not usually be able to claim these benefits. However, you may be able to do some work if the Department for Work and Pensions (DWP) agree and your earnings do not exceed a set limit. You can also do voluntary work or approved work on an unpaid trial basis. You must get the DWPs’ agreement for any work you do when you are getting these benefits.

If you want to do any work while claiming benefit for being incapable of work, you should consult an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

Statutory Sick Pay

Your employer pays statutory Sick Pay (SSP) for the first 28 weeks that you are off sick. It is treated like earnings for the purposes of income tax and forms part of your taxable income.

Who can get Statutory Sick Pay

To get Statutory Sick Pay, you must be unable to work because you are sick or disabled. You must earn as much each week as the national insurance lower earnings limit. If you're self-employed, you cannot get Statutory Sick Pay. You should claim Incapacity Benefit when you're self–employed and can't work (see under Incapacity Benefit). Part-time workers and workers on a fixed-term contract qualify for Statutory Sick Pay. Agency workers may qualify but you’d need to get expert advice about this as the legal situation is complicated.

If you were getting Incapacity Benefit within the last eight weeks you do not get Statutory Sick Pay. Your employer should tell you are not entitled to Statutory Sick Pay by giving you form SSP1, or their own version of it. You can then reclaim Incapacity Benefit instead.

You cannot get Statutory Sick Pay if you are getting Maternity Allowance or Statutory Maternity Pay. Even if you are not getting these benefits, you cannot get Statutory Sick Pay for 18 weeks beginning four weeks before your baby is due, or from when your baby is born if this is earlier. Your employer should tell you if you cannot get statutory sick pay by giving you form SSP1, or their own version of it.

If you are off sick and you are not sure whether you can get Statutory Sick Pay, you should consult an experienced adviser, for example, at a Citizens’ Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

How much is Statutory Sick Pay

Statutory Sick Pay is paid at a fixed rate of £75.40 a week from 6 April 2008. If you get contractual sick pay you may get more sick pay than this but it will depend on what your contract of employment says.

For more information about contractual sick pay, see Sickness at work in Employment fact sheets.

How long is Statutory Sick Pay paid for

You will not get Statutory Sick Pay for the first three days that you are unable to work, unless you were getting it within the last eight weeks. If you were off sick and getting Statutory Sick Pay within the last eight weeks, you will get it again from your first day off work without having to wait for three days.

Statutory Sick Pay is paid for up to 28 weeks. If you are off sick with gaps of eight weeks or less, your days off sick are added together to count towards the 28 weeks. If you are off sick more than once with more than eight weeks in between, the periods you were off sick are not added together and the 28 weeks starts being counted again each time. Statutory Sick Pay also stops three years after you first become entitled, even if you have not had 28 weeks of the benefit. If your employment ends while you are on Statutory Sick Pay, the sick pay will stop too. Statutory Sick Pay does not stop if you go into hospital while you are off work.

When Statutory Sick Pay runs out or you stop being employed, you may be able to claim Incapacity Benefit (see under Incapacity Benefit) or Income Support.

If you've been receiving Statutory Sick Pay for at least 13 weeks, and then go on to claim Incapacity Benefit, you'll have to go to Pathways to Work interviews, aimed at helping you to get back to work (see under heading Incapacity Benefit).

How to get Statutory Sick Pay

Your employer can decide how you provide evidence that you are not able to work when you are off sick. You may have to fill in a form provided by your work for the first week you are unable to work. After that you will usually have to provide a doctor’s certificate.

If you are refused Statutory Sick Pay and you think you should be getting it, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

Incapacity Benefit

Incapacity Benefit is for people who cannot work and who are not getting Statutory Sick pay. There are three types of Incapacity Benefit - lower rate short-term, higher rate short-term and long-term Incapacity Benefit.

You usually get lower rate short-term Incapacity Benefit for the first 196 days you are off sick. Higher rate short-term incapacity benefit is paid from the 197th day to the 364th day. You can get an addition for a dependent adult, such as a wife, husband, or civil partner, with both these types of incapacity benefit.

If you get Statutory Sick Pay for less than 196 days, you can get lower rate short-term Incapacity Benefit for the rest of the 196 days, once your Statutory Sick Pay ends.

You get long-term Incapacity Benefit from the 365th day that you cannot work. You can get additions for an adult dependant, and for your age, with long-term Incapacity Benefit.

Lower rate short-term Incapacity Benefit is not taxable. Higher rate short-term Incapacity Benefit and long-term Incapacity Benefit are both taxable.

Incapacity Benefit is paid by the Department for Work and Pensions and, in Northern Ireland, by the Social Security Agency.

Who can get Incapacity Benefit

To get Incapacity Benefit you must be 16 or over and under state pension age, (60 for a woman, 65 for a man). You must be unable to work because of sickness or disability, and not entitled to Statutory Sick Pay (see under Statutory sick pay). You must usually have paid enough national insurance contributions, although if you became unfit for work before you were 20 (in some cases, 25), you do not have to meet the contribution conditions or have paid national insurance.

You can carry on getting short-term Incapacity Benefit for up to five years after state pension age, if you would be entitled to Retirement Pension if you claimed it.

If you are not sure whether you can get Incapacity Benefit you should consult an experienced adviser, for example, at a Citizens Advice Bureau. If you are over state pension age and you are choosing between staying on Incapacity Benefit and claiming your Retirement Pension, you should also consult an experienced adviser. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

Showing you are incapable of work

For the first 196 days of your incapacity you usually have to prove that you cannot work by sending in medical certificates. These will show that you cannot do your usual job. After 196 days you will usually have to pass the 'personal capability assessment' to show that you are incapable of work. Most people will have to have a medical examination to decide if they pass the personal capability assessment, which looks at your ability to perform a range of particular activities. If you have certain conditions or you are severely disabled you may not have a personal capability assessment and will be considered automatically incapable of work.

If you have problems with the personal capability assessment, for example, you do not pass or you think you may be exempt, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

How much is Incapacity Benefit

The amount of Incapacity Benefit you get depends on how long you have been unable to work. Once you are getting long-term incapacity benefit, it also depends on your age. You may be able to claim an extra amount for an adult dependant, called an adult dependency increase. An adult dependant could be your husband, wife, civil partner, or someone who looks after your children. This means that you can get it for your unmarried partner, including a same-sex partner, if your partner looks after your children. Whether you can get an adult dependency increase depends on the age of the adult dependent, whether you get child benefit, how much the adult dependent earns and what other benefits they get.

You may get less than the full rate of Incapacity Benefit if you are getting an occupational or personal pension, or payment from an insurance policy for physical or mental illness. If you carry on getting Incapacity Benefit once you reach state pension age, the rate you get may also be reduced.

For the current rates of Incapacity Benefit go to the benefits A – Z section of the Department for Work and Pensions website at www.dwp.gov.uk.

If you want to check the amount of Incapacity Benefit you should get, or whether you can get an adult dependency increase, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

How to apply for Incapacity Benefit

If you are not working for an employer, you can claim Incapacity Benefit by sending form SC1 to the local benefits office or Jobcentre Plus office. Form SC1 is available from local benefit offices, Jobcentre Plus offices, doctors’ surgeries and hospitals.

In England, Wales and Scotland, you can also get the form from the Jobcentre Plus website at www.jobcentreplus.gov.uk. In Northern Ireland, you can get the form from the website of the Department for Social Development at: www.dsdni.gov.uk.

In England, Wales and Scotland, you can make a claim for Incapacity Benefit by phoning Jobcentre Plus on freephone 0800 055 6688 or textphone 0800 023 4888. There is also a Welsh language line number which is 0800 012 1888. Or you can claim online at the website of the Department for Work and Pensions at: www.dwp.gov.uk.

If you are a young person claiming Incapacity Benefit and became incapable of work at a young age, you will need to use a different form IB9 (Y)1. This form is also available from local benefits offices, Jobcentre Plus and the following websites – in England, Wales and Scotland: www.jobcentreplus.gov.uk and in Northern Ireland:www.dsdni.gov.uk.

If you are in paid work, and your employer notifies you that you cannot get Statutory Sick Pay, your employer should give you form SSP1, or their own version of it. You should send this in with your claim for Incapacity Benefit.

Evidence required with your claim form

For the first seven days of sickness, your own signed statement that you cannot work should be accepted as evidence that you are not able to work. This is known as a self-certificate. Form SC1 acts as a self-certificate for people who claim Incapacity Benefit straight away. After seven days of being off sick, or if you claim later than this, you will need to send the Department for Work and Pensions a medical certificate from your doctor.

You must provide your national insurance number on the claim form, and evidence that it belongs to you. You will also have to provide the national insurance number of an adult dependant if you are claiming extra benefit for them. If think you have a national insurance number but you do not know it, you should provide information to help the office to find it. If you do not have a national insurance number you will have to apply for one.

You may also have to attend an interview when you claim Incapacity Benefit. If you are aged 18 or over and under 60, and you are making a new claim or a repeat claim, you will become part of the Pathways to Work scheme and will have to attend monthly interviews aimed at helping you get back to work. You may be entitled to Return to Work Credit.

If you're currently getting Incapacity Benefit, you can volunteer to take part in the Pathways to Work scheme.

For more information about Pathways to Work, go to the Jobcentre Plus website at: www.jobcentreplus.gov.uk.

Claiming Income Support at the same time as Incapacity Benefit

If you are not sure whether you meet the national insurance contribution conditions for Incapacity Benefit, and you are on a low income, you should claim Income Support at the same time as Incapacity Benefit. This is because you may be able to get Income Support instead of, or as well as, Incapacity Benefit.

Getting Incapacity Benefit backdated

If you were entitled to Incapacity before you made your claim you may be able to get benefit for an earlier period. This is called backdating. Incapacity Benefit can be backdated for up to three months before the date of your claim, and you do not have to give a reason. You should explain on the claim form that you want to claim backdated benefit and give the date you became entitled to Incapacity Benefit.

How is Incapacity Benefit paid

Incapacity Benefit is usually paid directly into a bank or building society account. If you cannot open an account or you have difficulties with this method of payment you should let the office know. It is possible to pay the benefit by cheque in some circumstances.

Incapacity Benefit, change of circumstances and fraud

You may commit a benefit fraud if you give incorrect or misleading information, or fail to report a change of circumstances, that could affect your Incapacity Benefit. Even if you are not committing fraud, you can cause an overpayment, that will have to be repaid. Your circumstances can be checked at any time while you are claiming. Benefit fraud is a criminal offence and you can be prosecuted or asked to pay a penalty. If you are being investigated for benefit fraud, your benefit will be suspended. If you are convicted of benefit fraud more than once, your benefit can be reduced or stopped in the future.

If you are worried about whether you might be suspected of fraud, you are under investigation or you have been convicted, or if you have been asked to repay an overpayment of benefit, you should consult an experienced adviser, for example, at a Citizens’ Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

Problems with Incapacity Benefit

If you have been refused Incapacity Benefit, or awarded less than you think you should get you can challenge the decision. You can also challenge a decision that you are capable of work.

You can ask for a decision on your benefit claim to be reconsidered or you can appeal. You should do this within one month of the decision. If you appeal against a decision that you cannot get Incapacity Benefit because you are capable of work, you can claim Income Support while you are waiting for the appeal to be heard if you are on a low income.

If you are unhappy with the standard of service you have received from the Jobcentre or benefits office, for example, because of bad advice, errors, rudeness or delays, you can make a complaint. You can do this whether or not you also want to challenge a decision.

Discrimination

It's against the law for you to be treated unfairly because of your race, sex, disability, sexuality or religion when the Jobcentre or benefits office decides about your claim for Incapacity Benefit. Also the Department for Work and Pensions (DWP), which pays Incapacity Benefit, has a policy which says it will not discriminate against you if you have HIV or if you have caring responsibilities. If you feel that you've been discriminated against, you can make a complaint.

Severe Disablement Allowance

You cannot get Severe Disablement Allowance if you are making a new claim because this benefit was abolished in April 2001. If you are already getting Severe Disablement Allowance you can continue to receive it.

If you are incapable of work and you would previously have claimed Severe Disablement Allowance you may be able to get Incapacity Benefit or Income Support

Severe Disablement Allowance is not taxable. You can get it as long as you are incapable of work and if you go into hospital.

If you are aged 18 or over and under 60, and you are making a new claim or a repeat claim for Severe Disablement Allowance, you will become part of the Pathways to Work scheme and will have to attend monthly interviews aimed at helping you get back to work. You may be entitled to Return to Work Credit.

If you're currently getting Severe Disablement Allowance, you can volunteer to take part in the Pathways to Work scheme.

For more information about the Pathways to Work scheme, go to the Jobcentre Plus website at: www.jobcentreplus.gov.uk.

If you receive Severe Disablement Allowance or used to receive it and need information or help, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

Benefits for the extra costs of disability

Disability Living Allowance and Attendance Allowance are benefits to help you pay for personal care and the costs of getting around. However, it does not matter what you use the money for. Disability Living Allowance is for people who claim it before the age of 65 and Attendance Allowance for people who claim it at the age of 65 and over.

You can get Disability Living Allowance and Attendance Allowance whether or not you are working, and they are not affected by any work you do. The benefits do not affect any income related benefits you get, as Disability Living Allowance and Attendance Allowance do not count as income when these benefits are worked out.

Remember that you may also be able to claim benefits because you cannot work - see under Benefits for people who cannot work, and means-tested benefits if you are on a low income. If you work, you may be able to claim Working Tax Credit - see under Working Tax Credit.

Disability Living Allowance

Disability Living Allowance (DLA) is a benefit for people who have personal care needs or problems with mobility. It has two parts, the care component and the mobility component. The care component is paid at three rates depending on how often and how much you need care. The mobility component is paid at two rates, depending on how much difficulty you have with walking. Depending on your needs, you may get one component of Disability Living Allowance, or both together. You have to claim DLA for the first time before the age of 65.

Who can get Disability Living Allowance

You can get Disability Living Allowance if you claim before you are 65 and your care or mobility needs began before you are 65. Once you are getting Disability Living Allowance, it can carry on after you are 65. You must not be living permanently in a hospital or care home provided or funded by a local authority.

You must have lived in the UK for six months in the last year, unless you are terminally ill when it does not matter how long you have lived here. You must be living in the UK when you actually claim Disability Living Allowance and the UK must be your normal place of residence. You must not have any immigration controls on your stay here that would stop you getting the benefit.

There are new rules which might apply to you if you have care needs, you are claiming the care component of Disability Living Allowance and you move to another EEA member state or Switzerland - see under heading Going abroad.

To get Disability Living Allowance, you must have care needs (see under Care needs, below) or mobility needs (see under Mobility needs, below). Unless you are terminally ill, you must have had these needs for at least three months before you can get any Disability Living Allowance, and you must be likely to continue to need help for the next six months.

If you are not sure if you can get Disability Living Allowance you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

Disability Living Allowance for children

Disability Living Allowance can be paid for children under 16, but there are extra conditions about their care and mobility needs. They have to need more care and attention than other children of the same age. To have mobility needs, they must have reached a certain age. However, these extra conditions only apply if the child is under 16 when their Disability Living Allowance starts. The extra conditions no longer apply when the child reaches the age of 16. If you are under 16, you cannot make a claim for the benefit in your own right - another person, authorised by the Department for Work and Pensions, must make the claim for you. This person is called an appointee and for children, the appointee will usually be the child’s parent or guardian.

If you are a disabled young person under 16 or you are responsible for a disabled child and need to claim Disability Living Allowance on their behalf, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

Disability Living Allowance - care needs

You have to have care needs for at least three months before you can get Disability Living Allowance care component, and you must be likely to carry on having these needs for at least six months. However, these conditions do not apply if you are terminally ill.

You do not actually have to be receiving help for your care needs. As long as you have the needs, it does not matter whether you are getting or planning to get care.

You have care needs if you need help with ‘bodily functions’, for example, eating, washing, getting dressed and going to the toilet. These care needs can also include help, which allows you to take part in social activities. You may have care needs because you need someone to supervise you to stop you being a danger to yourself and others. If you are terminally ill, you count as having care needs at the highest rate.

If you are not sure whether your care needs will qualify for the care component of Disability Living Allowance, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

Disability Living Allowance - mobility needs

You can get the mobility component of Disability Living Allowance if you have had mobility needs for at least three months, and are likely to have these needs for the next six months. However, if you are applying for the mobility component because you are terminally ill, it does not matter how long you have mobility needs, as long as you are likely to have them for the rest of your life. You do not actually have to be receiving help with your mobility needs to get the mobility component of Disability Living Allowance, as long as you can show that you need it.

You have mobility needs if you cannot walk outdoors or go on an unfamiliar route without guidance or supervision from another person. For example, this might apply to you if you are blind. You may be unable to walk or have a lot of difficulty walking. This may mean that you use a wheelchair, you can only walk very slowly or not very far at all, or you can only walk with a lot of pain and effort. You will also be treated as having mobility needs if you have severe learning difficulties or severe behavioural problems, as long as you also qualify for the highest rate of Disability Living Allowance care component (see under Care needs, above).

How much is Disability Living Allowance

How much is the care component

The care component of Disability Living Allowance is paid at three different rates. You get the lower rate if you need help with cooking a main meal or care for a significant part of the day. You get the middle rate if you need frequent care throughout the day or night, or continual supervision throughout the day or night. You get the higher rate if you need frequent care or supervision throughout the day and night, or if you are terminally ill.

Remember that there is an extra test for children under 16, because they must need more care than other children of the same age.

For the current rates of Disability Living Allowance go to the Disabled people section of the Directgov website at www.direct.gov.uk/disability.

If you want to know more about which rate of Disability Living Allowance you will get, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

How much is the mobility component

The mobility component of Disability Living Allowance is paid at two different rates. You get the lower rate if you cannot walk outdoors without guidance or supervision from another person for most of the time. This could be because of a physical or mental disability. You get the higher rate if your mobility problems are worse than this, so that you are unable to walk or virtually unable to because of pain, the effect on your health or the limitations on your walking. You can only get the higher rate of mobility component if your difficulties with walking are caused by a physical disability.

Children under 16 cannot qualify for the mobility component of Disability Living Allowance until they are three (for the higher rate) or five (for the lower rate). For the lower rate, they must also need more guidance or supervision than other children of the same age.

For the current rates of Disability Living Allowance go to the Disabled people section of the Directgov website at www.direct.gov.uk/disability.

How to apply for Disability Living Allowance

You can claim Disability Living Allowance by phoning the Benefits Enquiry Line (see under heading The Benefits Enquiry Line). This service will help you complete a form over the phone. You can also get a claim pack sent to you by completing leaflet DS704, which you can get from post offices and local benefit offices. You can also get a copy of the form from the Directgov website at www.direct.gov.uk/disability, or www.dsdni.gov.uk/index/ssa.htm in Northern Ireland. You can also complete the claim form online.

You cannot get Disability Living Allowance for any period before you make your claim. The date of your claim is the date you first get in touch with the Department for Work and Pensions or the Social Security Agency and tell them you want to claim, as long as you return the claim form and all the information they need within the time required. If you need more time to return everything, you should get in touch with the office.

You will have to provide your national insurance number and evidence to show it belongs to you. If you think you have a national insurance number but you do not know what it is, you should provide information to help the office find it. If you do not have a national insurance number, you will have to apply for one.

After the Department for Work and Pensions receive the form, you may have to have a medical examination.

The claim form for Disability Living Allowance is lengthy and you can get help completing it. You can use the forms completion service offered by the Benefits Enquiry Line. Alternatively, you could consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

How is Disability Living Allowance paid

Disability Living Allowance is usually paid directly into a bank or building society account. If you cannot open an account or you have difficulties with this method of payment you should let the office know. It is possible to pay Disability Living Allowance by cheque in some circumstances.

Disability living allowance is paid as long as you have care or mobility needs. It may be awarded for an indefinite period or a fixed period. However, the benefit is affected if you go into hospital, and for the care component if you go into a care home or other residential accommodation that is state funded.

Disability Living Allowance, change of circumstances and fraud

You may commit a benefit fraud if you give incorrect or misleading information, or fail to report a change of circumstances that could affect your Disability Living Allowance. Even if you are not committing fraud, you can cause an overpayment that will have to be repaid. Your circumstances can be checked at any time while you are claiming. Benefit fraud is a criminal offence and you can be prosecuted or asked to pay a penalty. If you are being investigated for benefit fraud, your benefit may be suspended.

If your circumstances change so that you think you might be entitled to a higher or lower component of Disability Living Allowance, or you think you might be entitled to more than one component when you have just been receiving one, you should tell the Department for Work and Pensions as soon as possible.

Problems with Disability Living Allowance

If you are refused Disability Living Allowance, or get less than you think you should, you can challenge the decision. You can either ask for the decision to be looked at again, or you can appeal. You should do this within one month of the decision.

If you are thinking of asking for a decision to be looked at again or of appealing against it, you should get expert advice. This is because there might be a risk that your Disability Living Allowance could be reduced or even stopped. Your local Citizens Advice Bureau should be able to help. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

(Example box starts)

I am a wheelchair user and I claim Disability Living Allowance. They were investigating me for fraud and came to my house to interview me. They did not ask me any questions face-to-face and addressed all their questions to my support worker. It turned out OK for me – they did not continue with the fraud investigation but I still felt humiliated. Can I complain?

Yes, you can complain if you are not treated politely because of your disability. An experienced adviser, for example, at a Citizens Advice Bureau, could help you with your complaint.

(Example box ends)

If you are not happy with the standard of service you have received from the benefits office, the Department for Work and Pensions, the Social Security Agency in Northern Ireland or the Benefit Enquiry Line, you can complain. This might be because of delays, errors, rudeness or difficulties in making contact. You can complain whether or not you also want to challenge a decision.

Discrimination

It's against the law for you to be treated unfairly because of your race, sex or disability when your claim for Disability Living Allowance (DLA) is decided. Also the Department for Work and Pensions, which pays DLA, has a policy which says it will not discriminate against you because of things like your sexuality, your religion, if you have HIV or if you have caring responsibilities. If you feel that you've been discriminated against, you can make a complaint.

Attendance Allowance

Attendance allowance is a benefit for people with care needs who are over 65. It does not include help for mobility needs. Once you are over 65, you cannot make a new claim for any help if you have mobility needs, but if you are already getting Disability Living Allowance mobility component, you can carry on getting it.

Who can get Attendance Allowance

You can get Attendance Allowance if you are disabled, you have care needs and you are 65 or over. You must not be living permanently in hospital or accommodation funded by a local authority, for example, a local authority care home. You must have lived in the UK for six months in the last year, unless you are terminally ill when it does not matter how long you have lived here. You must be living in the UK when you claim Attendance Allowance and the UK must be your normal place of residence. You must not have any immigration controls on your stay here that would stop you getting the benefit.

There are new rules which might apply to you if you are claiming Attendance Allowance and you move to another EEA member state or Switzerland - see under heading Going abroad.

Attendance Allowance - care needs

To get Attendance Allowance you have to have had care needs for at least six months (unless you are terminally ill).

You have care needs if you need help with your ‘bodily functions’, for example, washing, getting dressed and going to the toilet. This help can include attention, which allows you to take part in social activities. You also have care needs if you need supervision to stop you from being a danger to yourself or others. If you are terminally ill, you are automatically treated as having care needs.

You do not actually have to be receiving help for your care needs. As long as you have the needs, it does not matter whether you are getting or planning to get care.

If you are not sure whether your care needs will qualify for Attendance Allowance, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

How much is Attendance Allowance

Attendance allowance is paid at two rates, a higher rate and a lower rate. You get the lower rate of Attendance Allowance if you need frequent care throughout the day or night. You get the higher rate if you need frequent care throughout the day and night or if you are terminally ill.

For the current rates of Attendance Allowance go to the Disabled people section of the Directgov website at www.direct.gov.uk/disability.

If you want to know more about which rate of Attendance Allowance you will get, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

How to apply for Attendance Allowance

You can claim Attendance Allowance by phoning the Benefits Enquiry Line (see under The Benefits Enquiry Line). This helpline can also help you complete a form over the phone. You can get a claim pack sent to you by completing leaflet DS704, which you can get from post offices and local benefit offices.

You can also get a copy of the form from the Directgov website at www.direct.gov.uk , or, in Northern Ireland, the website of the Department for Social Development at www.dsdni.gov.uk.

You can also claim online, at the website of the Department for Work and Pensions at: www.dwp.gov.uk or, in Northern Ireland, at the website of the Department for Social Development at: www.dsdni.gov.uk.

You cannot get Attendance Allowance for any period before you make your claim. The date of your claim is the date you first get in touch with the Department for Work and Pensions or the Social Security Agency and tell them you want to apply for Attendance Allowance. You have to return the claim form and all the information they need within the time required. If you need more time to return everything, you should get in touch with the office.

After the Department for Work and Pensions receive the form, you may have to have a medical examination.

The claim form for Attendance Allowance is lengthy and you can get help completing it. You can use the forms completion service offered by the Benefits Enquiry Line. Alternatively, you could consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

How is Attendance Allowance paid

Attendance Allowance is usually paid directly into a bank or building society account. If you cannot open an account or you have difficulties with this method of payment you should let the office know. It is possible to pay Attendance Allowance by cheque in some circumstances.

Attendance Allowance is paid as long as you have care needs. It may be awarded for an indefinite period or a fixed period. However, the benefit will stop after 28 days if you go into hospital, or a care home or other residential accommodation that is state funded.

Attendance Allowance, change of circumstances and fraud

You may commit a benefit fraud if you give incorrect or misleading information, or fail to report a change of circumstances that could affect your Attendance Allowance. Even if you are not committing fraud, you can cause an overpayment that will have to be repaid. Your circumstances can be checked at any time while you are claiming. Benefit fraud is a criminal offence and you can be prosecuted or asked to pay a penalty. If you are being investigated for benefit fraud, your benefit may be suspended.

If your circumstances change so that you think you might be entitled to a higher or lower component of Attendance Allowance, or you think you might be entitled to more than one component when you have just been receiving one, you should tell the Department for Work and Pensions as soon as possible.

Problems with Attendance Allowance

If you are refused Attendance Allowance, or get less than you think you should, you can challenge the decision. You can either ask for the decision to be looked at again, or you can appeal. You should do this within one month of the decision.

If you are thinking of asking for a decision to be looked at again or of appealing against it, you should get expert advice. This is because there might be a risk that your Attendance Allowance could be reduced or even stopped. Your local Citizens Advice Bureau should be able to help. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

Discrimination

It's against the law for you to be treated unfairly because of your race, sex or disability when your claim for Attendance Allowance is decided. Also the Department for Work and Pensions, which pays Attendance Allowance, has a policy which says it will not discriminate against you because of things like your sexuality, your religion, if you have HIV or if you have caring responsibilities. If you feel that you've been discriminated against, you can make a complaint.

Benefits for accidents at work and industrial diseases

You may be able to get benefits for industrial injury if you have an accident at work or you have certain diseases that have been caused by your work. You can only get these benefits if your disability or disease was caused by work for an employer - not if you were self-employed. Industrial injuries Disablement Benefit is the main industrial injuries benefit. There are other allowances that you may get at the same time as, or instead of, Disablement Benefit, for example, Reduced Earnings Allowance, Retirement Allowance or Constant Attendance Allowance.

You can also get benefit for the extra costs of disability at the same time as industrial injuries benefits. This means you may be able to get Disability Living Allowance or Attendance Allowance – see under Benefits for the extra costs of disability. You may also be able to claim benefit because you are unable to work (see under Benefits for people who cannot work) Help is also available if you are on a low income.

Disablement Benefit

What is Disablement Benefit

Disablement benefit is for people who are disabled because of an accident at work, or who have certain diseases caused by their work. Only industrial diseases qualify, for example, diseases caused by chemicals you have worked with or hearing loss caused by your work. You can get a list of the diseases from your local benefits office.

Who can get Disablement Benefit

You can get Disablement Benefit if you were a paid employee at the time that you had your accident at work or contracted the industrial disease. You must also be disabled because of the accident or disease. An assessment will be made on how your disability affects you. The Department for Work and Pensions state the extent of your disablement as a percentage and you must usually be assessed as having at least 14% disablement to get benefit, although there are exceptions to this.

An examining doctor or other medical professional will assess you after you make your claim. Depending on the assessment, you can be paid Disablement Benefit for a fixed period or for life. The amount depends on your percentage disablement and your age.

You do not have to have paid national insurance contributions to receive Disablement Benefit. You can get it whether or not you have time off work. If you go into hospital, your disablement benefit will not be affected.

How much is Disablement Benefit

For the current rates of Disablement Benefit go to the benefits A – Z section of the Department for Work and Pensions website at www.dwp.gov.uk and look under Industrial Injuries.

If you want to know more about which rate of Disablement Benefit you will get, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

How to apply for Disablement Benefit

There are different claim forms for Disablement Benefit, depending on whether the disability was caused by an accident or whether you are claiming because you have a particular industrial disease. You should ask at the local benefit office for the right form.

In England, Wales and Scotland, you can make a claim for Disablement Benefit by phoning Jobcentre Plus on freephone 0800 055 6688 or textphone 0800 023 4888. There is also a Welsh language line number which is 0800 012 1888.

In Northern Ireland, contact the Industrial Injuries Branch for a claim form. Phone: 028 9033 6000. You can also download a form from the website of the Department for Social Development at www.dsdni.gov.uk.

You may also want to claim extra allowances or alternative payments when you make your claim. Even if you cannot get benefit (for example, because your Disablement Assessment would not be high enough), you should apply for a declaration that you have had an industrial accident, in case you want to claim again later.

Claims for industrial Disablement Benefit and extra allowances can be complicated and you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

You cannot get any benefit until 90 days after the accident or 90 days after the disease started, unless you have the industrial disease mesothelioma. The 90 days do not include Sundays.

There is no time limit for claiming Disablement Benefit. You can still claim if your accident happened or disease started some years ago. You can also claim again after being refused on an earlier claim, because your disease or the effects of your accident have got worse and you are more disabled. If you were entitled before you make your claim, you can ask for benefit to be paid for an earlier period of up to three months. You should ask for this on your claim form. You cannot ask for Disablement Benefit to be backdated in this way if you are claiming for loss of hearing.

When you claim Disablement Benefit, you have to provide your national insurance number and evidence to show it belongs to you. If you do not know your national insurance number but you think you have one, you should provide enough information for the office to find your number. If you do not have a national insurance number, you will have to apply for one.

Disablement Benefit, change of circumstances and fraud

If your circumstances change so that you are more disabled and you think you may be able to get more benefit, you should tell the Department for Work and Pensions as soon as possible. You should also tell them if your condition improves. If you do not report a change of circumstances that could affect your benefit, or you give incorrect or misleading information, you may be committing a benefit fraud. Even if you are not committing fraud, you can cause an overpayment that will have to be repaid. Your circumstances can be checked at any time while you are claiming Disablement Benefit. Benefit fraud is a criminal offence and you can be prosecuted or asked to pay a penalty. If you are being investigated for benefit fraud, your benefit may be suspended. If you are convicted of benefit fraud more than once, your benefit can be reduced or stopped in the future.

How is Disablement Benefit paid

Disablement Benefit is usually paid directly into a bank or building society account. If you cannot open an account or you have difficulties with this method of payment you should let the office know. It is possible to pay Disablement Benefit by cheque in some circumstances.

Allowances paid with or instead of Disablement Benefit

There are other industrial injuries benefits that can be paid with or instead of Disablement Benefit.

Reduced Earnings Allowance

Reduced Earnings Allowance is a benefit that you can get if your earnings are reduced because of your accident or disease, or if you cannot work at all. However, you can only get Reduced Earnings Allowance for accidents that happened, or diseases that started, before 1 October 1990. You may be entitled to Reduced Earnings Allowance but not Disablement Benefit, or you may be entitled to get them both together.

The amount depends on how much your earnings have been reduced, but there is a maximum amount that can be paid each week. For the current rates of Reduced Earnings Allowance go to the benefits A – Z section of the Department for Work and Pensions website at www.dwp.gov.uk.

You do not have to have paid national insurance contributions to get Reduced Earnings Allowance. If you go into hospital, your Reduced Earnings Allowance is not affected.

You should ask the local benefits office about Reduced Earnings Allowance when you make your claim.

Retirement Allowance

Retirement Allowance is for people who have been getting Reduced Earnings Allowance and who stop working after they reach state pension age (60 for a woman and 65 for a man). You get Retirement Allowance at 25% of the rate of your reduced earnings allowance when you stopped work. There is a maximum amount that can be paid each week. Retirement Allowance is not affected if you go into hospital.

You do not make a claim for Retirement Allowance because you only get it if you have been getting Reduced Earnings Allowance.

For the current rates of Disablement Benefit go to the benefits A – Z section of the Department for Work and Pensions website at www.dwp.gov.uk and look under Industrial Injuries.

Constant Attendance Allowance

Constant Attendance Allowance is paid with Disablement Benefit if you need care and attention because of your disability and you have a 100% disablement assessment. There are four rates of benefit. The amount you get depends on what care you need and how often you need it. You do not have to be receiving care to get Constant Attendance Allowance, you just have to show that you have care needs. You must be likely to have these needs for at least six months.

The benefits office will automatically assess you for Constant Attendance Allowance if you are assessed as having 100% disablement when you claim Disablement Benefit. If your disablement gets worse after you have claimed Disablement Benefit, you can ask about claiming Constant Attendance Allowance then.

If you go into hospital, Constant Attendance Allowance will stop after four weeks.

For the current rates of Disablement Benefit go to the benefits A – Z section of the Department for Work and Pensions website at www.dwp.gov.uk and look under Industrial Injuries.

Exceptionally Severe Disablement Allowance

Exceptionally Severe Disablement Allowance is paid with Constant Attendance Allowance. You only get this if you are getting Constant Attendance Allowance at one of the two higher rates, and your care needs are likely to be permanent.

If you go into hospital, your Exceptionally Severe Disablement Allowance is not affected.

For the current rates of Disablement Benefit go to the benefits A – Z section of the Department for Work and Pensions website at www.dwp.gov.uk and look under Industrial Injuries.

Benefits for people injured in the armed forces

If you are injured while serving in the armed forces, you may be entitled to financial help from the Armed Forces Compensation Scheme. This provides help for injuries, illnesses or deaths caused by service in the Armed Forces on or after 6 April 2005. If the period of service which caused your illness or disability was before this date, you can get help from the War Pension scheme. Both schemes are run by the Service Personnel and Veterans Agency (SPVA), which is part of the Ministry of Defence.

You do not have to have fought in a war or seen active service to get financial help from the Armed Forces Compensation Scheme, as long as you are injured or disabled because of serving in the armed forces.

You may get weekly payments or a lump sum depending on which scheme covers you and whether your earnings are likely to be reduced because of your condition. The amount you get will depend on how severely you have been hurt or disabled and how your earnings are affected. Under the War Pension scheme you can also get extra allowances, for example, if you have care needs or mobility problems. You cannot get these under the compensation scheme, but you may be able to get Disability Living Allowance or Attendance Allowance instead (see under heading Benefits for the extra costs of disability).

If you are a widow, widower or surviving civil partner and your partner died as a result of service in the armed forces, or was getting a war pension or help from the compensation scheme when they died, you may also be able to get financial help from the scheme.

For more information about the help you can get if you are a widow, widower or surviving civil partner, see Benefits and bereavement.

If you want to claim a War Pension or help from the Armed Forces Compensation Scheme, you should get in touch with the Service Personnel and Veterans Agency or get advice from veterans’ organisations, for example, the British Legion. The Service Personnel and Veterans Agency has a helpline on 0800 169 22 77 (textphone 0800 169 34 58). You can find more information about the War Pension and Armed Forces Compensation schemes on the Veterans UK website at: www.veterans-uk.info, or email: veterans.help@spva.gsi.gov.uk. You can also consult an experienced adviser, for example, at a Citizens Advice Bureau.

Benefits for carers

Carer's Allowance

Carer’s Allowance is a benefit for people who are giving regular and substantial care to disabled people in their own homes. Carer’s Allowance is a taxable benefit and forms part of your taxable income.

Who can get Carer’s Allowance

You can get Carer’s Allowance if you are at 16 or over. There is no upper age limit. You must spend at least 35 hours a week caring for a disabled person who gets a benefit for the extra costs of disability. The benefits for the extra costs of disability are Attendance Allowance, Constant Attendance Allowance, or the middle or higher rate of Disability Living Allowance. You must not earn more than a set amount each week – this is £95.

You do not have to have paid any national insurance contributions to get Carer’s Allowance.

You may be able to carry on getting Carer's Allowance if you and the person you are caring for move to another EEA member state or Switzerland - see under heading Going abroad.

How much is Carer's Allowance

Carer’s allowance is paid at a standard rate for the person making the claim. You may also be able to get extra benefit for your partner or someone who looks after your children. This includes partners who are living together as well as those who are married or in a civil partnership. It includes lesbian, gay or heterosexual partners.

You can only get the extra benefit if the person you are claiming for has earnings below a certain amount and does not get certain benefits in their own right which are worth more than the extra Carer’s Allowance.

If you are making a new claim for Carer’s Allowance, you cannot get any extra benefit for your children. You should apply for Child Tax Credit instead.

For the current rates of Carer's Allowance, go to the carers' section of the Directgov website at www.directgov.gov.uk/carers.

How to claim Carer's Allowance

You can find out more about making a claim for Carer's Allowance from the Directgov website at the address given above.

If you were entitled before you make your claim, you can ask for benefit to be paid for an earlier period of up to three months. You should ask for this on your claim form. You do not have to give a reason why you are claiming late.

You will have to provide your national insurance number and evidence to show it belongs to you. If you not know your national insurance number, but you think you have one, you should provide evidence to help the office to find it. If you do not have a national insurance number, you will have to apply for one.

You may also have to attend an interview to check that you meet the conditions for getting Carer's Allowance.

Carer's Allowance, change of circumstances and fraud

You may commit a benefit fraud if you give incorrect or misleading information, or fail to report a change of circumstances which could affect your Carer’s Allowance, for example, you stop caring for the disabled person for as many hours each week. Even if you are not committing fraud, you can cause an overpayment that will have to be repaid.

Your circumstances can be checked at any time while you are claiming and fraud officers can also get information about you from other government agencies and from your employer, bank or utility companies. Benefit fraud is a criminal offence and you can be prosecuted or asked to pay a penalty. If you are being investigated for benefit fraud, your benefit will be suspended. If you are convicted of benefit fraud more than once, your benefit can be reduced or stopped in the future.

How is Carer’s Allowance paid

Care's Allowance is usually paid directly into a bank or building society account. If you cannot open an account or you have difficulties with this method of payment you should let the office know. It is possible to pay Carer's Allowance by cheque in some circumstances.

Carer’s Allowance is paid as long as you continue caring for a disabled person for at least 35 hours a week and do not earn more than the earnings limit. It can continue regardless of your age although if you are getting certain other benefits, for example, state Retirement Pension, this may affect whether you can get Carer’s Allowance as well.

If the person you are caring for goes into hospital, this may also affect your Carer’s Allowance.

Problems with Carer’s Allowance

If you are refused Carer’s Allowance or you think you are getting the wrong amount of benefit, you can challenge the decision. You can ask for the decision to be looked at again, or you can appeal. You should do this within one month of the decision.

If you are unhappy with the service you have received from the local benefits office or the Department for Work and Pensions (Social Security Agency in Northern Ireland), you can complain. This might be because of errors, delays, rudeness or difficulty getting in touch. You can do this whether or not you also want to challenge a decision.

Discrimination

It's against the law for you to be treated unfairly because of your race, sex, disability, religion or sexuality when your claim for Carer's Allowance is dealt with. Also the Department for Work and Pensions, which is responsible for Carer's Allowance, has a policy which says it will not discriminate against you because of things, like your sexuality, your religion, if you have HIV or if you have caring responsibilities. If you feel that you've been discriminated against, you can make a complaint.

If you want to challenge a decision or make a complaint, you can also consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

If you need help to claim or collect benefits

If you need help to claim or collect your benefits, you can ask for someone else to become your appointee or agent. An appointee can take on the responsibility of claiming and collecting your benefit if you are unable to do this yourself. An agent cannot make a claim for you, but you can arrange for an agent to collect your benefit from a bank, building society or post office if you are unable to get there.

If you want to appoint someone as an appointee or agent, or you want to become one for an elderly person you know, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

Going abroad

If you are getting a benefit for sickness or disability and you want to know what will happen to your benefit if you go abroad, you can ring the Benefits Enquiry Line (see under The Benefits Enquiry Line).

It may be possible to carrying on getting the care component of Disability Living Allowance, Attendance Allowance or Carer's Allowance if you move to another EEA country or Switzerland. This is called exporting the benefit. In the future, it may even be possible to make a new claim if you are living in one of these countries. If you are interested in doing this, you should contact a member of the exportability team at the Department for Work and Pensions.

You can get more information about claiming these benefits on the Directgov website at: www.direct.gov.uk. This website will tell you how to contact the exportability team.

EEA countries are the European Union countries and Liechtenstein, Iceland and Norway. To find out which countries are in the European Union, go to The European Union.

If you are considering going abroad, you can also consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

Information in other languages

The Department for Work and Pensions (DWP) has translated information about benefits into certain community languages. For more information, go to the DWP website at www.dwp.gov.uk. To ask for printed or audio copies of any DWP leaflet in your language, you should contact your local benefits office.

Benefits