Welfare Rights Training 2009

1. Welfare Rights Training 2009

2. Disability Living Allowance (D.L.A) • What is it? • A non-means tested non-taxable, Social Security Allowance paid to people who need supervision or help with their daily or nightly care needs or have mobility problems. • It is paid in two parts, the care component and mobility component, you can have one on its own or both together. It can be claimed for the first time by anyone under 65, this includes children. For people over 65 needing help for the first time the equivalent benefit is Attendance Allowance.

3. DISABILITY LIVING ALLOWANCE • Higher (day & night needs) • CARE Middle (day or night needs) Lower (some day care needs) Higher (unable or virtually unable to walk) • MOBILITY Lower (needs guidance or supervision)

4. RATES £’s (Weekly) RATES £’s (4 Weekly) • £119.45 High Care & High Mobility £477.80 • £96.20 Middle Care & High Mobility £384.80 • £89 Higher Care & Lower Mobility £356 • £70.35 High Care £281.40 • £67.75 Lower Care & High Mobility £271 • £65.75 Middle Care & Lower Mobility £263 • £49.10 High Mobility £196.40 • £47.10 Middle Care £188.40 • £37.30 Lower Care & Lower Mobility £149.20 • £18.65 Lower Care £74.60 • £18.65 Lower Mobility £74.60

5. NON MEDCAL CRITERIA FOR THE CARE COMPONENT Residence Present in GB for 26 out of previous 52weeks with unlimited right to reside If less than 6 months old - present for 13 out of previous 26 weeks If claiming under the special rules - the 13 and 26 week presence tests do not apply

6. NON MEDCAL CRITERIA FOR THE CARE COMPONENT Age Must be under 65when first claimed Cannot be paid until 3 months old unless claiming under the special rules

7. NON MEDCAL CRITERIA FOR THE CARE COMPONENT Qualifying Period Claimants must have satisfied the medical criteria for 3 months before the day payment would start Claimants must be expected to meet the medical criteria for at least 6 months after the day payment would start. No qualifying period if claiming under the special rules for terminal cases

8. Accommodation DLA (Care) cannot be paid after four weeks if the claimant is in hospital or living in other accommodation provided out of public or local funds Under 16’s have 84 days in hospital / care before any changes to their DLA. Special Rules for terminal illness DS1500 needed. It would not be unexpected if you died within six months

9. MEDICAL CRITERIA FOR THE CARE COMPONENT • During the day • A:Frequent attention throughout the day in connection with [their] bodily functions Or • B:Continual supervision throughout the day in order to avoid substantial danger to [themselves] or others

10. MEDICAL CRITERIA FOR THE CARE COMPONENT At night C:Prolonged or repeated attention in connection with [their] bodily functions Or D: In order to avoid substantial danger to [themselves] or others [they require] another person to be awake for a prolonged period or at frequent intervals for the purpose of watching over [them]

11. MEDICAL CRITERIA FOR THE CARE COMPONENT Part time day care E: [they require] in connection with [their] bodily functions attention from another person for a significant portion of the day (whether during a single period or a number of periods) Or F: Over 16’s only [they] cannot prepare a cooked main meal for [themselves] if [they have] the ingredients

12. Higher rate (£70.35 Weekly) To qualify for the Higher Rate Care Component a claimant must satisfy one day and one night condition (A or B)and (C or D) • Middle rate (£47.10 Weekly) To qualify for the Middle Rate Care Component a claimant must satisfy one day or one night condition (A or B or C or D) • Lower rate (£18.65 Weekly) To qualify for the Lower Rate Care Component a claimant must satisfy one part time day care conditions (E or F)

13. NON MEDICAL CRITERIA FOR THE MOBILITY COMPONENT Residence Present in GB for at least 26 of the previous 52 weeks with unlimited right to reside If claiming under the special rules for Terminal cases the 26 week presence test does not apply

14. NON MEDICAL CRITERIA FOR THE MOBILITY COMPONENT Age Must be under 65when first claimed Cannot be paid until claimant is 3 years old for high mobility and 5 years old for low mobility

15. NON MEDICAL CRITERIA FOR THE MOBILITY COMPONENT Qualifying Period Claimants must have satisfied the medical criteria for 3 months before the day payment would start Claimants must be expected to meet the medical criteria for at least 6 months after the day payment would start No qualifying period if claiming under the special rules A claim for DLA can be made if the claimant is in hospital but it will not be paid until they are discharged. As long as they have met the qualifying conditions and waiting periods while in hospital it will be awarded in hospital ready to be paid on discharge.

16. Accommodation DLA (Mobility) will not be paid after four weeks if the claimant is in hospital, if they have a Motability agreement before they enter hospital this will continue. If they enter a Care Home the Mobility Component will continue anyways Under 16’s have 84 days in hospital / care before any changes to their DLA. The day you enter and the day you leave do not count as days spent in hospital or care.

17. MEDICAL CRITERIA FOR THE MOBILITY COMPONENT • Higher Rate Mobility (£49.10 Weekly) Toqualify for the higher rate of the mobility component of DLA it must be shown that the claimant is physically disabled and either: • A Unable to walk Or • B Virtually unable to walk Or • C The exertion required to walk would constitute a danger to [their] life or would be likely to lead to a serious deterioration in [their] health Or

18. MEDICAL CRITERIA FOR THE MOBILITY COMPONENT Or D They have no legs or feet Or E They are both deaf and blind Or F They are already entitled to the higher rate care component and are severely mentally impaired with extremely disruptive and dangerous behavioural problems that frequently require intervention Or G They are switching from the pre-1976 invalid vehicle scheme and still meet those rules

19. MEDICAL CRITERIA FOR THE MOBILITY COMPONENT • Lower Rate Mobility (£18.65 Weekly) • To qualify for the lower rate of the mobility component of DLA it must be shown that the claimant: • “is so severely Disabled physically or mentally that, disregarding any ability [they] may have to use routes which are familiar to [them] on [their] own, [they] cannot take advantage of the faculty out of doors without guidance or supervision”. • Note - the lower rate isn’t awarded to people who just miss being virtually unable to walk; the criteria is completely different and will apply mainly to people with sight, hearing, supervision or mental health problems.

20. ATTENDANCE ALLOWANCE (Over 65’s) • Like Disability Living Allowance but only two rates: • Higher AA – (£70.35) • Must satisfy one day and one night criteria. (A or B & C or D) Lower AA – (£47.10) • Must satisfy one day or onenight criteria. (A or B or C or D) Qualifying conditions are Care or Supervision need must exist for six months, no forward test.

21. Notes: • DLA & AA are both paid for care / supervision NEEDSyou can get these benefits if you live alone with no care / supervision being provided. • If DLA is awarded before age 65 it continues after age 65 if you continue to meet the conditions. • If someone is already on DLA or AA and their condition gets worse they must contact their regional DLA centre, normally Blackpool, to increase the award, they will send out a special three part form. • Nothing prevents two or more people in the same household getting DLA or AA at the same time.

22. ATTENTION: • Must be reasonably required (Rather than medically required) to help you do the things you are unable to do yourself. Significant portion of the day: • About one hour at the start or at the end of the day. Getting in or out of bed, dressing or undressing, washing are some examples. Frequent throughout the day: • Means several times not once or twice spread over the day time. • Things like toileting, zips, buttons, help to walk in the house are all likely to be needed many times during the day.

23. Prolonged or repeated at night: • Prolonged has been accepted as more than 20 minutes, repeated means twice or more. BODILY FUNCTIONS: • Personal things like breathing, hearing, seeing, eating, drinking, walking, sitting, sleeping, getting in and out of bed, dressing, undressing, toileting, bathing, washing, shaving, communicating, speech practice, help with medication, help with treatment and anything else to do with your body and how it works can count.

24. CONTINUAL SUPERVISION: This means frequent or regular (But does not mean non stop), to stop you having accidents or harming others and must be reasonably required to reduce the risk to you or others.

25. Substantial danger to yourself or others: This could arise from your actions or the actions of other people and could be totally unintentional, such as your inability to care for your own children safely. The danger must be a real possibility and not to remote that it may never happen. The risk of it happening must be taken on board in deciding if it’s reasonably required and if the supervision will reduce that risk. Epilepsy with not enough warning of an attack or if attacks are unpredictable and you are unable to seek help or put yourself in a place of safety is a good example of when supervision is reasonably required. Falls are another area where it could be argued that supervision is reasonably required if the falls are frequent and the dangers are severe. There is a close overlap between supervision and attention so check for both.

26. WATCHING OVER AT NIGHT: • Again it must be reasonably required. • This includes the need for someone else to be awake and listening or getting up to check on you at night. COOKING TEST (Over 16’s only): • This test is a hypothetical test to see if it reasonable for you to cook a main meal for yourself taking into account your illness and disabilities. • Do you have problems remembering, planning, or timing that limit your ability to cook. • Do you have problems peeling, chopping, lifting hot pots and pans, measuring etc.

27. TERMINAL ILLNESS • Definition is that you have a progressive disease and due to this your death can reasonably be expected within the next six months, if this is accepted on the DS 1500 form you should get the high rate care component of DLA or high rate Attendance Allowance. • If you also have mobility problems you will need to qualify in the normal way to have this added to your high care component of DLA paid under the special rules

28. RENAL DIALYSIS • There are special conditions for some people who have renal dialysis at home for at least two times per week to qualify for middle rate care component of DLA or low rate Attendance Allowance. • If this is the type of dialysis that would reasonably require the help or supervision of someone else or due to your circumstances (age, visual impairment or loss of manual dexterity) during your dialysis you require supervision or help with this. • Other types of dialysis including Continuous ambulatory peritoneal dialysis (CAPD), Continuous cycle peritoneal dialysis (CCPD), and peritoneal rapid overnight dialysis (PROD are designed to be carried out without help, so you would need to show that help was needed due to your disability during dialysis.

29. PASSPORTS FROM DLA • Care Component passport to: • Low rate (£18.65) • Disability premium in IS / IBJSA & WTC • Disabled child premium in IS / IBJSA & CTC • Qualifying benefit for WTC at 16 hours • Child care disregard in HB & CTB • Child care element in WTC • Christmas bonus • No Non-Dependant deductions for HB or CTB • No Non-Dependant deductions for mortgage interest in IS / IBJSA / IBESA • Energy efficiency grant • Parental leave from work until 17

30. PASSPORTS FROM DLA • Middle rate (£47.10 as low rate plus) • Carers Allowance qualifying benefit • Home responsibility protection • IS entitlement as a carer • Carer premium qualifying benefit • Severe disability premium qualifying benefit High rate (£70.35 as middle and low rate plus) • Enhanced disability premium • Access to Independent Living Funds • Personal capability test exemption for Incapacity • Severe Disability Element in WTC & CTC

31. Mobility Component passport to: • Low rate (£18.65) • Disability premium in IS / IBJSA & WTC • Disabled child premium in IS / IBJSA & CTC • Qualifying benefit for WTC at 16 hours • Child care disregard in HB & CTB • Child care element in WTC • Christmas bonus • Energy efficiency grant • Parental leave from work until 17

32. Mobility Component passport to: High rate (£49.10 as low rate plus) Exemption from car tax Blue badge Motability car Driving licence at 16 Check with your local Council for others such as bus pass, taxi card, free leisure pass, carer discounts etc

33. END • Questions & Answers?