UNDERSTANDING your entitlement to social security benefits can be a complex business. But if you are disabled, rest assured that there is a lot of state help available. Among the benefits is Disability Living Allowance (DLA), which aims to help people with an illness or disability live more comfortably as they get older. In this section we examine who is eligible for DLA and how to get it….

What is It?

DISABILITY Living Allowance is a state benefit for people with a disability or illness. You can claim it if you:

• Require assistance with personal care or supervision
• Cannot walk or have great difficulty walking
• Have both care and mobility needs

There are two parts to DLA: the Mobility and Care Components. These can be claimed separately or together.

The Disability Living Allowance (DLA) weekly rates for 2009/10 are.

Care Component:

Highest: £70.35

Middle: £47.10

Lowest: £18.65

Mobility Component:

Higher: £49.10

Lower: £18.65

DLA is not means-tested. It is paid on top of other benefits and may actually increase the amount of other means-tested benefits that you do receive. It might also entitle some people to other benefits for the first time. If you’re awarded DLA, you can spend the money how you wish.

Eligibility

YOU will have to meet the qualifying conditions for Care and/or Mobility for three months before you submit your claim and for six months thereafter.

DLA (Care Component): You’ll be entitled to the Care Component if you’re:

• Under 65 and
• Are seriously disabled, physically or mentally, and
• Have been seriously disabled for at least three months immediately before claiming and are likely to be for the next six months; or you’re terminally ill, and
• Are normally resident in the UK

You might be entitled to the Care Component if you need help in

carrying out your bodily functions, including dressing, washing, eating, and going to the toilet.

Lowest Rate (currently £18.65 a week): To qualify for this, you must satisfy at least one of the following:

• For a major part of the day, you need help with your bodily functions from another person
• You cannot make a cooked main meal for yourself

Middle Rate (currently £47.10 a week): You must meet one of the following conditions:

• You need frequent daytime attention from another person during the day in connection with your bodily functions
• You’re so severely disabled physically or mentally you require continual supervision from another person throughout the day to avoid substantial danger to yourself or others
• You’re so severely disabled that at night you need repeated attention from another person in connection with your bodily functions.

Highest Rate (currently £70.35 a week): If you satisfy one night-time and one daytime middle rate condition, or if you are terminally ill, you’ll be entitled to the highest rate.

DLA (Mobility Component): You’re entitled to this if you:

• Are under 65 and
• Are seriously disabled and
• Have been so disabled for a period of three months immediately before claiming and are likely to be so for the next six months; or you’re terminally ill and
• Will benefit from better facilities for locomotion and
• Normally live in the UK

Lower Rate (currently £18.65 a week): You’re entitled to this if you’re able to walk but are so severely disabled that you cannot take advantage of a facility outdoors without any guidance or supervision from somebody else most of the time.

Higher Rate (currently £49.10 a week): You must meet at least ONE of the following conditions:

• You are unable or virtually unable to walk
• You’re blind and deaf
• You’re a double amputee
• You’re severely mentally impaired with serious behavioural problems and getting the higher rate Care Component

If you’re considering moving to another EU state or Switzerland you might be able to continue to get Disability Living Allowance (care component only). The rules are complex so seek further advice by emailing This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Other State Benefits

INCOME derived from DLA is not included in the calculation of entitlement to Working Tax Credit, Child Tax Credit, Pension Credit, Income Support, income-related Employment and Support Allowance, income-based Jobseeker’s Allowance, Council Tax Benefit and Housing Benefit.

If you get the middle or highest Care Component rate and you have

a carer, they’ll also be entitled to claim Carer’s Allowance. Make sure you check out if your carer’s application could affect your own benefits.

If you receive DLA’s higher rate Mobility Component, you’ll also be exempt from road tax, be entitled to the Motability scheme and can receive a blue badge for parking concessions.

You may also receive extra money from your other means-tested benefits if you receive DLA. Call the Benefit Inquiry Line (free) on 0800 88 22 00 for more information on your individual circumstances.

Motability: Under this programme you can receive help with contract-hire and hire-purchase cars, powered wheelchairs and mobility scooters. For cars, call Motability Operations on 0845 456 4566 and for wheelchairs and scooters phone 0845 607 6260.

Claiming

YOU need to fill in claim form DLA1, which is available by ringing the Benefit Enquiry Line (free) on 0800 88 22 00.

Some people will need help in applying. In these circumstances you can help them fill the form in. Ask them to read it through when it is complete. You can also sign it on their behalf if they are unable to for any reason.

The aim of the form is to get you to describe how your disability affects you so a medical examination is unnecessary. You can receive help in filling in the form from a friend or relative, a local advice agency or the Benefit Enquiry Line. Staff here can arrange for help to complete forms over the phone or organise for someone to visit you at home to help you complete it.

If you think you’ve not given a complete picture and need more space, add a covering letter. Make sure you put your name and national insurance number on the letter.

There are also sections to be completed by someone who knows you –

maybe a friend or relative, or a doctor. This person is asked to give details about your illness or disability and how this affects you. After returning the form, if the decision-makers need further information they might contact you or your doctor to clarify your needs. When a decision is made, you’re sent it in writing. DLA may be awarded indefinitely or for a fixed period depending on your circumstances.

If you are unhappy with the decision, you only have a month to challenge it. If the decision-maker reviews the decision again, but you are still not happy with the outcome, you can appeal. You should do this within one month of when you were notified about the revision. To appeal, use the form attached to social security leaflet GL24 If you think our decision is wrong, explaining what you disagree with and why.

You can attend an appeals tribunal in person, which you should do as it is likely to give you a better opportunity to explain your position.

Changing Condition: If you’re on the lowest or middle rate DLA Care Component and your condition changes so you think you might qualify for a higher rate, contact the Disability and Carers Service (0845 712 3456, www.dwp.gov.uk/lifeevent/benefits/dcs) asking for your case to be looked at again.

Terminal Illness: People who are terminally ill can claim DLA under the “special rules”, which means there is no three-month waiting period. To claim DLA under “special rules”, ask your GP for a DS1500

report that gives details of your condition. Send it off with the claim form.

Payment

THE DLA money is normally paid by direct credit into your building society, bank or Post Office account. It can also be paid to someone else on your behalf (an appointee). DLA is normally paid in arrears every four weeks on a Wednesday.

Carers: If you’re a carer and the person you look after is awarded middle or highest rate DLA Care Component, you might qualify for Carer’s Allowance of £53.10 a week. You must be caring for the person for at least 35 hours a week and not earning more than £95 a week from paid work. Contact Carers UK (0808 808 7777, www.carersonline.org.uk) for more details.

Care Homes and Hospitals

IF YOU get DLA, it stops 28 days after you enter an NHS hospital. If you’re already in hospital, you cannot begin receiving DLA.

The Mobility Component of DLA isn’t affected by admission to a care home. Whether or not you can receive DLA Care Component depends on how the fees are being paid for. If you’re paying the full cost of a care home placement, you can receive DLA as long as you fulfil the conditions. If you need local authority financial help to pay the care home fees, you cannot start to receive DLA Care Component.

Contacts List

Action for Blind People: (free) 0800 915 4666, www.actionforblindpeople.org.uk

Alzheimer's Society: 0845 300 0336, http://alzheimers.org.uk/

Arthritis Care: (free) 0808 800 4050, www.arthritiscare.org.uk

Benefit Enquiry Line: (free) 0800 88 22 00, www.direct.gov.uk/disability-money

British Lung Foundation: 0845 850 5020, www.lunguk.org

Cancerbackup: (free) 0800 800 1234, www.cancerbackup.org.uk

Carers UK: (free) 0808 808 7777, www.carersuk.org

Citizens Advice Bureau: 020 7833 2181

DIAL UK: 01302 310123, www.dialuk.info

Disability Alliance: 020 7247 8776, www.disabilityalliance.org

Disability and Carers Service: 0845 712 3456, www.dwp.gov.uk/lifeevent/benefits/dcs

MENCAP: 0808 808 1111, www.mencap.org.uk/

MIND: 0845 766 0163, www.mind.org.uk

Parkinson's Disease Society: (free) 0808 800 0303,

www.parkinsons.org.uk/

Royal National Institute for the Blind (RNIB): 0845 766 99 99, www.rnib.org.uk

RNID: (free) 0808 808 0123, www.rnid.org.uk

*Please note the details published on this page are targeted at people aged 50 or more and refers to the situation in England.

**Also, please note that the information included here may change from time to time, so please take legal advice if you are in any doubt.