Care for Carers

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Abbreviations:
DLA = Disability Living Allowance - HM = High Rate Mobility - DWP = Department of Works and pensions

Question 1. Am I entitled to DLA.

To be considered for an award, you need to meet some basic residency, age and qualifying period tests, as well as a disability test. Adults can potentially get DLA if they are under 65, and the condition has already existed for 3 months and expected to last for another 6 months. There doesn’t have to be a firm diagnosis as long as medical evidence will support the claim. It isn’t about how serious your condition is – it’s about how much the condition affects your ability to function independently on a daily basis. This is about both physical and mental health conditions. There are two components – the first one is Mobility (which looks at problems you might have getting out and about) – this will assess your functional problems with walking, or will look at whether you can only go out if someone has to supervise or guide you. There are just two rates for the Mobility component, low or high. The other component is Care (which looks at your ability to do tasks in the home) – questions will involve e.g. whether you need help getting up, having a wash, getting dressed, moving about indoors, cooking for yourself, communicating with others, and also looks at whether you might be at risk if you are left alone. There are 3 rates for the care component – low, mid and high. We don’t recommend that you attempt to complete a DLA form without some help. You will be expected to have explored the use of aids or adaptations where appropriate, and will assess what you are like with your medication.

Question 2. I live in a rural area, can I get HM?

DLA high rate mobility is generally only awarded if you have quite serious physical limitation to your walking ability – you have to be classed as either unable to, or virtually unable to walk. It is never awarded because of transport problems.

Question 3. I get DLA, I’ve got worse, can I get more money?

It is only worth asking the Department of Works and Pensions to look at your award again if you have a good likelihood of getting a higher award. I would advise at least talking to an advice agency over the phone before applying for forms to complete. There is always the risk when they look at your case again that they can reduce the award you already have, so you need to know that you can meet the requirement for a substantial deterioration that would put you in another award category, and you need to be able to get good medical evidence to support this. Just having another diagnosed condition doesn’t necessarily make any difference.

Question 4. Can I get Carers Allowance for looking after my mum?

You can only get Carer’s Allowance if the person you look after gets at least the mid-rate of the Care Component of DLA or above, or if they get Attendance Allowance (which is the equivalent of DLA for anyone over 65). You can’t get it if you are on certain benefits, or get a State Pension, or earn more than £100 per week. You need to be caring for that person for more than 35 hours a week. Check with an advice agency whether you meet the rules. It can be backdated for as much as 3 months.

Question 5. I want to do some work, will it affect my DLA?

You can get DLA whether you work or not – it is a non-taxable, non-means tested benefit that is supposed to recognise the fact that disabled people have higher costs in life. You will just need to take care that you can show (if asked) that any work activities sit happily with your declared functional problems – i.e. if you say you need help to get to the toilet, be able to show that someone at work is assigned to help you with this, or that you have your own PA. Be able to explain what parking arrangements have been made for you. You must have declared your disability to your employer, as they should be aware for Health and Safety reasons. If you start work after you receive a DLA award, you should let the DWP know, and explain all this. Starting work would be considered a change of circumstances, and you have a duty to notify them whenever any change happens. You should not have any problems – if you do, seek advice.

Question 6. How do you get a Motability car?

Motability is the organisation that can supply you with a car, if you get an award of high rate mobility DLA. You don’t have to get a car through that scheme – you can use the award to privately fund your own car, or buy a second-hand car. You don’t even have to buy a car if you would rather use the money for taxis. If you do go through Motability, they will supply you with a new car and the only thing you have to pay for is petrol.

Question 7. I get HM, can I get anything else?

If you get at least mid-rate of the Care Component of Disability Living allowance or above, you may be able to get a ‘premium’ added to other benefits – e.g. if you are on Employment and Support Allowance or Tax Credits, you may get extra money for disability as long as you meet the requirements. You need to get someone to do a benefit check for you, to make sure you are getting everything you are entitled to.

Question 8. What are the special rules?

Special Rules concern anyone who has been diagnosed with a terminal condition. A doctor signs a special form, called a DS1500, where they declare that someone is expected to die within the next 6 months. In that case, Disability Living allowance is awarded at high rate for the care component automatically, with no 3 month qualifying period, and decisions are made within 8 working days. Claims for the mobility component have to be made in the normal way. Care component is not paid after 28 days in hospital, but payments will be restored once someone is home again. This isn’t taken away after 6 months, as these awards are usually made for 3 years.

Question 9. If I’m on DLA, can I get a reduction in Council Tax?

There is a Disability Reduction Scheme for Council Tax, but someone has to be substantially and permanently disabled and have a room set aside predominantly for their own use, or can use a wheelchair indoors, or has had an additional kitchen or bathroom added for their use. This can drop your council tax band down by one, or give you a 6% deduction if you are already in Band A.

Question 10. My partner’s just been diagnosed with cancer – can they get Disability Living allowance?

It entirely depends on whether the illness is affecting functional ability, or whether there is a terminal diagnosis. Unfortunately DLA cannot be awarded just because of a particular named condition, apart from some exceptions such as people who are deaf/blind. It doesn’t even take account of every functional problem, e.g. it doesn’t really count if you are unable to do your housework.

Question 11. They’ve stopped my money – what do I do?

We would need to find out why DLA payments were stopped. It is possible this person forgot to return a renewal claim, so their claim has lapsed. It could be because a renewal form shows that eligibility criteria are no longer met. If they have had no letter explaining why payments have been stopped, they need to ask the DWP for a decision letter. If they think they have been reported, the DWP usually tell them that they are subject to a fraud investigation – they wouldn’t just stop the money. This person needs advice, to discuss their particular circumstances.

Future Radio - 30th June 2011 - Julie Kemmy - Disability Rights Norfolk Team Manager