Urgent call for families with disabled children to get advice on their benefits and tax credits entitlements

Contact a Family has identified that some families with disabled children could miss out on vital income due to imminent changes in benefit rules.

From 27th October 2008 Incapacity Benefit and income support for people with health problems will be replaced by Employment Support Allowance (ESA).

Families with a disabled teenager born before 27th October 1992 have a choice - they can either claim the existing benefits now or wait and claim ESA at a later date.  Some will be worse off on the new ESA depending on individual circumstances.

Sarah Rush, Head of Advice at Contact a Family, said: "We know that families with disabled children face enormous financial challenges with more than half living in poverty.  It is therefore vitally important that families get advice now, to find out how these benefits changes will affect them."

The Contact a Family freephone helpline - 0808 808 3555 - is staffed by benefits experts and trained parent advisers who can help to maximise a family's income.

Contact a Family working with HM Revenue and Customes (HMRC), has also identified there are 28,000 families in the UK who are missing out on much needed extra income through additional tax credits.  Families who have not informed HMRC that they receive Disability Living Allowance could be missing out on this additional income, which is paid in addition to existing tax credits they may already recieve.

If you feel you might be affected by either of these issues or simply want to check that you are getting all the money you are entitled to, telephone the Contact a Family helpline - 0808 808 3555.

Also, log onto www.cafamily.org.uk follow the links through fact sheets and money when your child reaches 16 years of age, for information on benefits you are entitled to once you child reaches 16.

Benefits

Changes to Offices and Service Delivery


For new claims you will have to telephone initially. The numbers to be used are:

English 0845 600 0103     Text phone 0845 600 0138

Welsh  0845 605 8135     Text phone 0845 607 2302

Please note. If the initial call is made in Welsh , all claim forms will be issued in Welsh.

NATIONAL HELPLINES

 

 Child Benefits 0845 302 14 44
 Benefits Enquiry Line (BEL) *  0800 88 22 00
 For people with disabilities 0800 24 33 55  (Textphone)
 Disability Alliance Rights Advice Line   020 7247 8763
 Tax Credit Helpline 0845 300 3900
 or you can log onto  www.dwp.gov.uk

* The BEL is a free service.  They can help with filling out forms and then fax them through to your local disability benefits centre. Contact this number for all benefits unless otherwise stated.

 

MAIN DISABILITY BENEFITS
DISABILITY LIVING ALLOWANCE (DLA)
DLA is the main benefit for children and young people with disabilities.  This benefit is not means tested so you will gain from receiving it regardless of your financial situation.  It is usually paid on a four weekly basis.  It has two parts, and either or both can be claimed:

1. Care Component
If your child’s physical or mental disability means they need a lot of looking after then he or she should qualify for the personal care component.  The care component is paid at three rates – lower, middle and higher rate – depending on the needs of the child.  It can be paid from 3 months or birth for babies who are terminally ill.

2. Mobility Component
If your child or young person needs help getting around due to their disability then they may qualify for the mobility component.  There are two rates of the mobility component – lower and higher rate. 

The lower rate isn’t paid until a child is aged 5, and is for children who can walk, but need someone with them to supervise or guide them.

The higher rate can be paid when the child is 3, and is for children and young people who have severe difficulties in walking. It may also be paid to children who receive the higher rate care component because of severe mental impairment and behavioural problems.  It is also paid to children who are deaf and blind, and anyone whose health may be adversely affected with the exertion of walking.

You can get a DLA Benefit Claim pack from your local Benefits Office, BEL, or the Leaflet Line on 08000 328 555.  If you need help filling in the forms your Social Worker or Health Visitor will help or contact the Children's Centre on 01437 764569.  When filling in the form give as much information as possible about your child’s condition.  If you can provide additional information from a health professional it will be useful in supporting your application.  Try to describe the care your child needs on the most difficult of days.  It is also useful if you photocopy the forms before your send them off – benefits are usually given for fixed periods of time, and then you have to reapply.

DLA IS THE GATEWAY TO OTHER BENEFITS

CARER’S ALLOWANCE (CA) You may be able to claim Carer’s Allowance if you qualify for the following:
 

You may be able to claim Carer's Allowance if you qualify for the following:

Your child or young person is receiving the middle or higher rate of DLA Care Component.
You care for your child or young person for at least 35 hours per week.
If you earn less than £87.00 if you work (after taking off certain childcare costs and other expenses).
You are over the age of 16.
You are not in full time education.
It may be that you don’t qualify, but if someone else helps with the care for over 35 hours per week, a relative for example, they may be able to claim the benefit.

If you are on Income Support and you qualify for Carer’s Allowance you can also claim a Carer Premium, but your Carer’s Allowance will be deducted from the Income Support.  You cannot be paid Carer’s Allowance if you are receiving certain other benefits such as Incapacity Benefit but you may be entitled to a Carer’s Premium if you are on Income Support, Housing Benefit or Council Tax Benefit.

INCOME SUPPORT
Income Support is a means tested benefit for those families on a low income with savings below £8,000.  You must be someone who works less than 16 hours per week, and if you have a partner he or she must be working less than 24 hours each week. For people over the age of 60 they can receive Pension Credit.  There is no capital cut off or limit to the hours worked for Pension Credit.

JOB SEEKER’S ALLOWANCE
This benefit is very similar to Income Support – the main difference is that it is aimed at people who cannot claim Income Support, have a low income and are actively seeking work.  If you have a disabled child you can restrict the hours you are available for work to 16 hours per week.


TAX CREDITS   -  for working people with children

From April 2003 there are now two new tax credits….

1.Working Tax Credit   a means-tested credit for working people on low income.
2.Child Tax Credit  a means-tested credit for people with children.  The parents do not necessarily have to be working. From April 2004 additions are available for families with dependent children, on all benefits, on all new claims and for existing claims where CTC is already being paid.

You quality for Working Tax Credit if you have a child under 16, or under 19 if they are still in full time education – and you or your partner are working at least 16 hours a week.  The credit is made up of a basic amount with extras for single parents, couples, disabled workers, certain childcare costs and for those who work more than 30 hours each week.

Child Tax Credit is paid to families with at least one child.  It is made up of basic family elements, amounts for each child and extra amounts for children who receive DLA at any rate.  Higher rates are paid to families who have a child under 1 and also for those children who get DLA or who are registered blind.

For partners, their joint income is taken into account. Call the Tax Credit Helpline on 0845 609 5000.

HOUSING BENEFIT
This is a benefit to help people on Income Support, Job Seeker’s Allowance or a low income pay their rent.  Personal savings are also taken into account, and no benefit will be given if savings or capital is above £16,000.  Contact Pembrokeshire County Council on 01437 764551 for more details.

COUNCIL TAX BENEFIT
This is financial help from your local council towards your Council Tax bill, similar to Housing Benefit.  A Disability Reduction is available if, due to your child’s disability, you require a second bathroom, kitchen or other additional space. Contact Pembrokeshire County Council on 01437 764551 for a list of exemptions and reductions, and how to apply.

THE SOCIAL FUND
The Social Fund consists of various types of payments, all designed to help people on low incomes with certain costs.  Contact your local Social Security Office or Jobcentre office for all claims for the Social Fund.  Some claims can be dealt with over the phone. The payments include:

Maternity grants – payable to people in receipt of Income Support, Job Seeker’s Allowance, Child Tax Credit or Working Tax Credit.
Crisis loans - are available when families on low incomes have a financial crisis with no other means of getting help.
Budgeting loans – these are for families on Income Support, or Income-based Job Seeker’s Allowance, and is a repayable loan for items such as moving home or purchasing a cooker.
Community Care Grants – payments to deal with exceptional pressures on families, or to help people who may be at risk of going into care or who need help to resettle into the community after a stay in residential care.  This grant can also be used to help with the costs of visiting someone in hospital.

FARES TO HOSPITAL FOR TREATMENT
If you are in receipt of Income Support, Income-based Job Seeker’s Allowance or tax credits – depending on the amount of your claim - you can also claim help with travel costs for hospital visits when escorting your child or young person.  If you have proof that you are in receipt of these benefits, the monies can be refunded directly from the hospital.

If you do not have these benefits, but are on a low income, you may still be able to get some help.  You need to ask the hospital or Benefit Office for forms HC5 and HC1.

If you are not the patient, but visiting a close relative in hospital, and are claiming Income Support or Income-based Job Seeker’s Allowance, you may be able to get a Community Care Grant from the Social Fund.  Forms are available at your local Social Security Office, or the Leaflet line.

 

HEES – Home Energy Efficiency Scheme
This is a Welsh Assembly Government initiative to provide grants up to £2,700 to make sure that your home is warmer, more energy efficient, safer and more secure.  The people who can apply are families who:

1. Have a child under 16 and receive Housing Benefit or Council Tax Benefit

OR

2. Receive Child Tax Credit, Working Tax Credit and have a taxable income of under £15,460 per year

The scheme also applies to some people with certain disability benefits or “disability premiums”, lone parents with a child under 16.  Also those receiving Working Tax Credit which includes a disability element, who have a taxable income of below £15,460 could also qualify for the grant.

To find out if you can claim ring:  0800 316 2815


--------------------------------------------------------------------------------

16 PLUS BENEFITS
Once a young person reaches 16 they have a choice and can claim benefits in their own right, even though they may still be at school.  Advice should be sought to ensure that, as a family, there will not be less money coming into the household if this course of action is taken. 

APPOINTEES
Until at least the age of 16, parents or carers will have acted as ‘appointees’ for their young people claiming DLA.  At the age of 16 young people can begin to claim all their benefits in their own right – if they are able to manage their own finances.

For young people who are unable to act for themselves because of their level of disability, anyone over the age of 19 can act on their behalf – or become legally recognised as their ‘appointee’.  Up until the age of 16 the appointee will only have been acting in relation to the DLA, but after this time the appointeeship is for all benefits.  This will usually mean that someone from the local Social Security office will visit the young person and their family to confirm who will act on their behalf and will complete the necessary documentation.  Advice about benefits can also be requested at this time.

 

DLA- DISABILITY LIVING ALLOWANCE
At 16 DLA can be paid to a young person in their own right, if it is decided that they have the ability to manage the money.  DLA continues for young people, unless after a renewal claim it is decided that a young person’s care or mobility needs are not severe enough for the benefit. Up until the age of 16 children have to show that their care and mobility needs are much greater than those of a non-disabled person of the same age.  They don’t have to show this after 16.

 

INCAPACITY BENEFIT (YOUTH)
Incapacity Benefit can be paid from the young person’s 16th birthday, and continues into adulthood.  If the young person has severe learning disabilities, is registered blind, or receiving DLA at the higher rate care component, then they are automatically eligible.  If not they would need evidence from a professional working with them of their needs.

For the first 28 weeks they get paid a short term, lower rate.  *
After this they receive a short-term higher rate for the next 24 weeks. 
After 52 weeks they receive the long-term rate.
However, if the young person receives higher rate care component the long-term rate is paid earlier, after the first 28 weeks. If young people are under 20 they can claim Incapacity Benefit without having paid any National Insurance contributions. They can also claim if they are under 25 and have been in education or training.

Short term and short term higher rate of Incapacity Benefit are less than Income Support. SO IF A YOUNG PERSON OF 16 OR 17 YEARS QUALIFIES FOR THE DISABILITY PREMIUMS THEY SHOULD CLAIM INCOME SUPPORT AS WELL. Both can be claimed at the same time.
INCAPACITY BENEFIT AND SCHOOL
If a young person is under 19 and still at school or college, the allowances they receive will depend on how long they spend in school. 

If they spend up to 21 hours per week in classes, or periods of supervised study, they can get Incapacity Benefit.  Lunch breaks, free periods, private study etc. do not count towards these hours. The type of education they receive and the school they attend has no effect on their eligibility to Incapacity Benefit. 
If they attend classes for 21 hours or more per week they may still qualify.  This can happen if the extra time they are spending at school would not be suitable for someone of the same age who did not suffer from a learning difficulty or a physical disability.  If these conditions do not apply they may be able to claim Income Support especially if they receive DLA.
 

INCOME SUPPORT
At 16 a disabled person can claim Income Support in their own right - whether they are at home, in school or attending a Social Activity Centre. If they have left school they will have to show that they are incapable of work. In most cases they will have had to claim Incapacity Benefit (Youth) as well. However, if they are following a course of full time study without any modifications and their disability means that they would be unlikely to get a job within a year of giving up the course, they can claim Income Support without having to satisfy the Incapacity for work rules. Receipt of DLA is accepted as evidence for this. A young person will also receive a disability premium if they get DLA, are registered blind or have been incapable of work for a year. When the young person claims in their own right from 16, any savings they have over £3,000 will be taken into account - unless it is in a trust fund set up from a payment made for personal or criminal injury to the child.

IF IT IS DECIDED THAT HE YOUNG PERSON IS GOING TO CLAIM IN THEIR OWN RIGHT AT 16, THEN THEY SHOULD CLAIM BOTH INCAPACITY BENEFIT (YOUTH) AND INCOME SUPPORT.  THE BEST THING IS TO SEEK ADVICE.  The person who knows most about this benefit is Wayne Hansen 01554 876 023

Whether a young person should claim benefits on their own or remain as a dependent in their parents claim is very complicated.  If the young person receives DLA, this will remain unchanged, regardless of which course of action is taken.  In some circumstances if they claim on their own they will receive less money than was given to the family when they claimed as a dependent.  As a general rule, families who receive extra on their Income Support or Income Based Job Seekers Allowance for the young person, should keep them as a dependent.  For those families receiving Tac Credits each case has to be looked at individually due to the way Tax Credits are assessed.  For those families who only receive Child Benefit for the young person they should claim on their own.

CHILD BENEFIT
If a young person receives Incapacity Benefit or Income Support parents cannot claim Child Benefit even if the young person is still in school. The Child Tax credits would also be lost for the child – but the rate of Incapacity Benefit is at present £90.00 weekly, which may compensate this loss.

 

Forms
Forms for both Incapacity Benefit and Income Support are available from Job Plus Centres.  The Haverfordwest number is 01437 823200

EDUCATIONAL MAINTENANCE ALLOWANCE (EMA)
WHAT IS AN EDUCATION MAINTENANCE ALLOWANCE?

It is an allowance given to a young person if they stay on at school, college or in training after the age of 16. Young people can also get bonuses if they make progress with their learning programmes. The allowance is dependent on how much money is available to the household.

 

It is given to help with the day-to-day costs of staying on at school, college of training, such as travel, books and equipment. It gets paid into the young person’s bank account during term time.

WHO IS ENTITLED TO RECEIVE EMA?

It can be given to any young person over the age of 16, who is taking part in a programme of full time education at a recognised place of education and be there AT LEAST 12 HOURS A WEEK. Also, the household income must be less than £30,810 per year (this figure could change each year).

BONUS PAYMENTS

If the young person has reached the goals that are set for them at school or college and attended school in the Autumn term, they can receive a bonus in January. If they continue their placement for the Easter and Summer terms they will also receive a bonus in July.

CHILDREN STUDYING AT HOME

There may be some circumstances where a young person needs, because of medical reasons, to study from their home. They can undertake 12 or more house of guided learning weekly at home, and still claim EMA.

WHERE TO GET THE FORMS

Forms are available from schools or colleges, or you can get them from the Internet – http://www.direct.go.uk/ema

You can also call the EMA Helpline on 0808 101 6219. The money has to be paid into a bank or building society in the name of the young person. If this is not possible, give the Helpline a ring.
ARE ANY OTHER BENEFITS AFFECTED?

EMA does not affect any other benefits the household may be claiming.