Older Questions

Here is a selection of other questions answered by the benefitanswers team

Can I get a voucher towards my glasses on incapacity benefit?

There is a free factsheet on NHS charges on our website

How many paid hours can someone work on incapacity benefit?

Generally, you are not allowed to work while you are getting Incapacity Benefit. You may be able to do some types of work and within certain limits. This is called 'Permitted Work' and it allows you to test your own capacity for doing some work and perhaps gain new skills.

Although you do not need permission to do Permitted Work, you must check that the work you want to do is allowed under the Permitted Work rules. You should discuss this with your personal adviser.

You do not need approval from your doctor or have to have a medical assessment just because you are doing Permitted Work. If a medical assessment is due as part of your ongoing benefits-related review, it will go ahead as planned.

Permitted Work is a benefit arrangement - employers do not offer 'permitted work'.

Under the Permitted Work rules you can:

  • work for less than 16 hours a week on average, with earnings up to £93.00 a week for 52 weeks
  • work for less than 16 hours a week, on average, and earn up to £93.00 a week for as long as your illness or disability is considered so severe that you are meeting the threshold of incapacity without having a medical assessment
  • work and earn up to £20 a week, at any time, for as long as you are receiving Incapacity Benefit
  • do Supported Permitted Work and earn up to £93.00 a week for as long as you are receiving Incapacity Benefit

Supported Permitted Work means work that is supervised by someone who is employed by a public or local authority or a voluntary organisation, and whose job it is to arrange work for disabled people. This could be work done in the community or in a sheltered workshop. It also includes work as part of a hospital treatment programme.

I am my 87 yr old mother's carer and she is in hospital with a broken leg. Will I lose my carer's allowance and will she lose her pension if she's in for a long time? it looks like it will be several weeks.

If someone receives Carer's Allowance because they are caring for you, this can continue for up to 12 weeks if you - or they - go into hospital. However, their Carer's Allowance will stop if your Disability Living Allowance or Attendance Allowance stops. This is normally after you have been in hospital for four weeks.

Carers must tell the Disability and Carers Service if they, or the person they care for, go into or come out of hospital. Carers can report a hospital stay online using the Carer's Allowance e-service. The can also contact the Carer's Allowance unit at the Disability and Carers Service.

I have just received DLA, higher rate for personel care and lower rate for mobility. can I use all my allowance for a car if my mobility is the lower allowance, I was told I can only have a mobility car if I'm getting higher rate mobility?

That is correct, you can only use the Motability scheme if you receive the higher rate of the mobility component.

Why can people under 65 years old earn up to £90 and still claim carers allowance but retired people on a pension as little as £52 per week are not entitled even though they work 15 hours a day at the age of 70 to care for someone. Nobody seems to even know that this is going on.

The problem with carer’s allowance (CA) is that it is a national insurance (NI) benefit. So is retirement pension (RP). The law says that you cannot receive two NI based benefits at the same time. So if a person claims CA when receiving RP they will be paid whichever is the higher amount. If this is the RP then the person retains underlying entitlement to CA which can get extra amounts added to pension credit or lead to receipt of pension credit. As we understand it this matter is on the Government’s list of things to be looked at when they review benefits for carers but that is all the news that we have.

I have recently been awarded DLA and Mobility@the higher level due to serious ongoing health problems. I am presently off work sick and my allowance from work runs out shortly. I am in receipt of a past employment pension which previously barred me from claiming sickness benefits.  I am told that when my works sickness allowance runs out, that I should be entitled to sickness benefit as a result of the DLA award.

ESA has the same rules as incapacity benefit and is affected by occupational pensions. The DLA award would make no difference.

Due 2 a car accident roughly 4 years ago I've a lot of severe neck back pain it affectcs my whole bones and I've no balance when i walk . I can't sleep when I get up in a morning I can't hardly walk it takes me roughly 2 hrs 2 get up the pains so severe. Can I claim DLA? Yes from the limited info you have provided we would suggest you try a claim for DLA. We can help with the claim.

My mother is in receipt of Incapacity Benefit and DLA however she is currently in a psychiatric hospital.  I would like to know how long she can be in hospital before her benefits are effected.  Thankyou.

DLA usually stops after 28 days in hospital. Incapacity benefit stops after 52 weeks in hospital.

How do I get a crisis loan?

You can apply for a Crisis Loan if all the following apply:

you're aged 16 or over

you don't have enough money to meet your (or your family's) immediate short term needs in an emergency or as the result of a disaster

without the loan there will be serious damage or risk to your (or your family's) health or safety

or if you're aged 16 or over and you've:

been getting a Community Care Grant but you're moving out of institutional or residential accommodation and don't have enough money to pay advance rent to a non-local authority landlord

There is no set amount of Crisis Loan. The amount you may be able to borrow will depend on:

your individual circumstances

any savings you have

whether or not you have borrowed from the Social Fund before

Jobcentre Plus will normally give you a cheque in your name. You can cash it at a post office or pay it into an account.

If you qualify for a Crisis Loan you'll need to agree how you are going to pay it back.

An adviser at your Jobcentre Plus office will talk you through it and agree a repayment plan with you that you can afford. If you're on benefit, the loan is normally repaid out of your normal benefit payments.

You don't have to pay interest on a Crisis Loan, which means you only repay the amount you borrowed. Contact your nearest jobcentre plus office to apply.

My father is in receipt of income support i.e. he doesn't pay rent on his housing association property or council tax.  He will be 93 on 21/02/2010, how much is he allowed to have as savings before this would be affected.  Has it gone up in line with Pension Credit to £10,000 in savings.  Or has it remained at £6,000, and can you advise us how savings of £6,000 would affect the income support, would have have to pay all rent and council tax or  is it that he would he have to contribute to his rent and council tax?

As your father is over 60, the Council will ignore the first £6,000 and take into account £1 per week for every unit or part unit of £500 above the lower limit of your savings.

If he has have savings of more than £16,000 he will not normally be able to get any housing benefit (unless he is a pensioner and receives the guarantee credit element of Pension Credit).

When on housing benefit and jobseekers benefit how does part-time work affect this.  If I work for 16 hours per week will my current benefits be affected.

If you work 16 hours a week you will lose entitlement to JSA. Housing Benefit would be awarded dependant on your income.




I have heard that the government are doing away with Attendance Allowance. Is this true?

The Government has said they may scrap Attendance Allowance and have local councils pay the money as part of a care package. Nothing has been finalised yet and probably won’t be till after the election. Our advice would be to claim it now if you already haven’t.

Is the receipt of Carer's Allowance compatible with an application for D.L.A.?

It is possible to be a carer and receive DLA in your own right. CA requires you to provide care for 35 hours a week in whatever manner is appropriate. For example just keeping an eye on someone can count, it can be passive. On the other hand if the carer were lifting someone out of bed or out of the bath and claiming DLA because they could not do these things themselves then it would be contradictory
.


My son has recently been diagnosed with hydrocephalus caused by his delivery at birth. He is now nine months old and it is clear that he is having difficulties. Is he entitled to DLA?

DLA is not awarded for a particular condition but the way that the condition affects the individual. For a child there is an extra condition – they must require more “attention” than the average child of the same age.


I am a single working mum of 3 who is thinking of doing Shared ownership. I would be able to cover my mortgage, but by the time I have paid my childcare cost, mortgage & cost of living I would not be able to cover the rent element.  Would I be able to claim Housing Benefit on the outstanding rent?  Or, as a part homeowner does this disqualify my entailment to HB

The rent not the mortgage may be eligible for housing benefit. The amount you may receive will depend on your income, not your excess income or other outgoings I'm afraid.



I had my house repossessed and my parents bought it off the bank, my relationship broke down and I decided to move back there. I’m on housing benefit, could I claim housing benefit for the property, I have joint custody of a young son (12) but his mother gets the child benefit.

So long as the tenancy is on a commercial basis and you have not set up the tenancy to take advantage of the housing benefit system then you may get benefit. You will need to have a tenancy agreement with a sensible rent and a good reason for moving back.


Is carers allowance the same as attendance allowance?

Carer's Allowance is paid to the person who is looking after someone for at least 35 hours a week and meets certain other conditions.

The person who is being looked after needs to be in receipt of Attendance Allowance or the middle or highest rate of the care component of Disability Living Allowance.

It is very important that you have a benefit check for yourself and the person being looked after as a claim for Carer's Allowance can, in certain circumstances, lead to the person being cared for losing money if they receive income support or pension credit. We can do the benefit checks for you.



My daughter has just turned 16 and is severely disabled on the high rate for DLA and mobility. I recently heard someone talk about junior incapacity benefit.  What is this and will it affect my tax credits

I think you are thinking of Employment Support Allowance in Youth?

Normally you can only be paid contributory Employment and Support Allowance if you have sufficient National Insurance contributions. However special rules allow young people aged under 20 (or aged 20-25 in certain circumstances) to claim even though they have never worked or paid National Insurance – this is called ‘Employment and Support Allowance in youth’.

The chances of a young person getting Employment and Support Allowance in youth will depend on their individual circumstances including the type of education or training they are in and the number of hours study they undertake.

If you claim Child Benefit for a child aged 16 years or over who is sick or disabled you may instead be better-off if they claimed Employment and Support Allowance. However if your child is paid Employment and Support Allowance any benefits or tax credits that you get for them will stop.

I think you are thinking of Employment Support Allowance in Youth?

Normally you can only be paid contributory Employment and Support Allowance if you have sufficient National Insurance contributions. However special rules allow young people aged under 20 (or aged 20-25 in certain circumstances) to claim even though they have never worked or paid National Insurance – this is called ‘Employment and Support Allowance in youth’.

The chances of a young person getting Employment and Support Allowance in youth will depend on their individual circumstances including the type of education or training they are in and the number of hours study they undertake.

If you claim Child Benefit for a child aged 16 years or over who is sick or disabled you may instead be better-off if they claimed Employment and Support Allowance. However if your child is paid Employment and Support Allowance any benefits or tax credits that you get for them will stop.



My son is 20 and has partial sight in his left eye, due to an accident. He still has his eye and his eye still causes him some discomfort. Is he entitled to DLA??

DLA is not awarded for a specific medical condition but in respect of an individual’s daily care needs or mobility problems No two people are the same. It can take some time to adjust to partial sight depending on the severity. One of our advisors will call you to discuss this in more detail.

 

We are about to submit our first renewal for DLA - do we have to do this every year or is it less frequent the longer you are on DLA?

The decision maker at DLA decides how long your condition and care / supervision needs will last and sets a time for the award. There are a number of factors involved including the possibility that your condition could be improved. Your next renewal could be in 12 months, 3 years or you could get an indefinite award. Note than an indefinite award is not a life award!

 

I’ve recieved an IB50 form. As well as incapacity benefit I get high rate mobility and low rate care. My question is do they still call you in for a medical under these circumstances?

Yes they can and do call you for a medical examination. If you receive high rate care then you are exempt from the process. You need to ensure the IB50 is completed carefully and it may be worth a benefit check. One of our advisors will contact you about this.

 

How many weeks do DLA take on average to get back to you with a decision on a claim?

The Government give the DWP clearance targets. A new claim for DLA should be “cleared” within 38 working days. Remember a working day is Monday to Friday!

I work part time and claim DLA middle care and low mobility. I have indefinite award and my diagnosis is mental illness which I need a lot of support and there have been adjustments made for me at work. I didn’t think I needed to notify DWP as I thought you could work and claim DLA as long as your needs are still met. Could you please tell me what the rules are for DLA and work?

Starting work is not a change of circumstances you need to report to the DLA. However it is best to inform the DWP that you are starting work. If any of the activities involved in your job could suggest that you no longer qualify for DLA you need to make the DWP aware. For example, it would be wrong for a traffic warden to receive the higher rate of the mobility component. One of our advisors will contact you.


In the near future i will have to undergo surgery and will be off work for some time. What benefits will I be able to claim during this period

Many benefits are dependant on your income. If you are part of a couple then their income will be taken into account for means tested benefits. A lot depends on the surgery and the recovery interval. For example Disability Living Allowance requires you to have had problems for 3 months that are likely to last for 6 months before you can qualify. You cannot get ESA while receiving SSP. If you are single or the only earner in a couple then you might qualify for income support when on SSP.

 

Can you tell me if it is possible to claim ESA along with DLA

Yes you can claim both at the same time.


In September 2009 I gave up a job in order to embark on a year-long university course (Teacher Training), for which I was paid a bursary of £1000 per month by the Teacher's Development Agency, and had also applied for a grant through Student Finance. However, the clinical depression from which I have suffered for most of my adult life, and which is normally under control, flared up badly, with the result that I have been on the Sick since November 26th 2009. I have obtained permission to restart the course in September 2010, subject to my health, and hope to recover sufficiently to work, preferrably in a school in order to gain relevant experience. I have moved back to the North East to live with my mother as my own house is rented out through a letting agent. Could you let me know what benefits I am entitled to, and what procedures to follow in order to claim it?

I assume that you are receiving income based ESA? Have you consider a claim for Disability Living Allowance (DLA). This would depend on how your depression affects your daily life for example, your motivation, or lack of it, to do things for yourself.

 

 

I have lost my appeal against IB being stopped in January. PCA doc gave me 12 points physical and 4 points mental, I had thought I had a strong chance at the appeal however they found me "not credible" and I lost. This has really knocked the stuffing out of me, I've suffered with cfs/me for around 7 years and am on a ton of medication so to have my illness and myself simply disbelieved out of and has taken a heavy toll.

I simply do not know what if any options I have, I had been recieving reduced rate IS since march, £35 a week. My condition makes me unfit for work.

The first step is to get some advice. It might be possible to challenge the Tribunal decision. You must ask for a “statement of reasons”. You then have to find an “error in law” in the way the Tribunal reasoned your case. You can continue to receive the reduced rate JSA while you are exhausting the appeal process – this includes going to the Commissioners. If it is six months since you failed the PCA you can claim again. If it less than six months you can still claim again but only with a fresh diagnosis or specific worsening. One of our advisors will be in touch.

 

 

My husband has just been to a tribunal for DLA. He has been refused. Can you tell me how long we have to wait before applying for it again. He has COPD and degenerative disc problem in his lower spine. He also has arthritis in his, knees, hips and neck. He was refused because he is not virtually unable to walk. To keep his lungs working he has been adviced to get out and walk as much as he can. He is in agony with his back. He seems to be in a no win situation. the only financial help he gets is Incapacity benefit and free prescriptions. Is there anything else we could claim. I am also in IB. Your advice would be really appreciated. Will the result of the tribunal go against another claim.

Again the first step is to get a statement of reasons. You can claim again. A new claim should not be influenced by the Tribunal decision but may be depending on what evidence they looked at and what you say on the claim form.

 


Just been awarded Middle Care and Low Moblity for my Child.  Currently on Income Support and Child Tax Credits. Though, what changes will there be (if any) to Income Support, Child Tax Credits and any other Benefits, due to the Middle Care and Low Moblity just being awarded ? I currently live with my 3 Children as an Single Parent. My Children are 9, 12 (Disabled) and 15 years of age. Also,I live in an Housing Association Tenancy.

You should inform Tax credits of the DLA award as this will increase with the disability element and should be backdated to date of award. You should also claim Carers Allowance and you will be paid this but the amount will be deducted from your Income Suport claim. You will however receive a Carer Premium in your Income Support of £27.75pw. Remember to backdate the Carers Allowance to date of award. You might not receive the backdated Carers Allowance as it will be offset against your Income Support but should receive the backdated Carer premium. Housing Benefit and Council Tax benefit will continue due to Income Support being in payment.