DLA is the single most important thing to making the difference between being poor on benefits/pension, and being able to live a decent life. Large numbers of people are entitled to it but do not receive it.
Non means tested – you get these even if you are rich
Non contributory – no NI contribution requirements
Non taxable
Does not count as income for deductions from other benefits – although beware allowing savings to build up from hoarding DLA payments, that will impact capital rules for other benefits
Can qualify even if working
Children can get DLA, not just for adults. DLA is paid for children with severe asthma. Although note that children cannot qualify for lower rate care component (cooking test) since all children need that care. Babies must be 3 months old before claiming.
DLA/AA can involve serious money (below are the 2009/10 figures):
DLA Care component
Highest rate £70.35 = AA higher rate
Middle rate £47.10 = AA lower rate
Lowest rate £18.65
DLA Mobility component
Higher rate £49.10
Lower rate £18.65
Note that you can get both care and the mobility components on top of each other. So, best case, you could qualify for higher rate care component + higher rate mobility component = £70.35 + £49.10 = £119.45 per week.
In addition, qualifying for DLA would also often qualify you automatically for other benefits and premiums, which would be paid in addition to the DLA money. Details of this are at these course notes.
Qualifying Conditions
UK resident for 6 months out of the last year. Not subject to immigration control.
Disability for 3 months in the past ↔ expected for 6 months in the future for DLA
Disability for 6 months in the past for AA
Aged 3 months ↔ 65 years for DLA care
Aged 3yrs/5yrs ↔ 65 years for DLA mobility
Aged 65+ for AA
When I'm 64
If you were getting DLA before you were 65, that continues on forever even after you turn 65. So very important to get DLA claims in when you're 64. Because otherwise can only get AA.
Also you can apply for your DLA rates to be upgraded even when you are older than 65, if your condition worsens (which is likely)
Terminal Illness
If expected to die within 6 months you will qualify for DLA. You can keep making fresh terminal illness claims for up to three years, 6 months at a time. You get high rate care component for terminal illness.
The Criteria for low rate care component DLA – the 'cooking test':
you are so severely disabled physically or mentally
that you cannot prepare a cooked main meal for one person if you have all the ingredients
(which is) a labour intensive reasonable meal for one person freshly cooked on a traditional cooker.
It is assumed you need to cook properly four days a week.
Criteria for further DLA:
middle rate care component DLA / lower rate AA – would reasonably need (regardless of whether you are currently getting that care or not) care throughout the day
higher rate care component DLA / higher rate AA – need care at night also.
Note that DLA has no connection with care received. Nor does getting DLA mean that someone will be organised to come and help care for you. Those are simply the conditions required to qualify for the benefit, which is purely a financial benefit. What you do with the money is entirely up to you, you are under no obligation to spend it on care, or even to spend it at all. Beware however that hoarding DLA money in the bank can eventually cause you to loose out on many other benefits (although not DLA itself) which are restricted for anyone who has more than £6,000 of savings.
For getting actual care from someone, if you need that, contact you local Council Social Work Services for a Needs Assessment. That can be done in addition to a DLA claim, or without any DLA claim at all. Needs Assessments can also pay for adaptations to your house, such as walk in showers and grabrails and ramps.
The DLA Form
is large, takes 1 hour minimum to complete. Points to bear in mind with form:
Filling in this form for someone else? Yes adviser should complete this part, as it can help get the claim treated a little more seriously. But be especially careful then not to write down anything that your client has not either said to you or agrees with. That means reading what you have written back to the client at each page, giving them a chance to stop you. The reason for that is that if the DWP get a claimant to say some part of their claim form is wrong, that their advisor just made that bit up, then the truth of the whole claim is cast in doubt, which you don’t want happening at especially an appeal.
Phone number. Claimants’ telephone number should not be given on the DLA form, because the DWP have a habit of phoning at awkward times and conducting a telephone interview. Better to let DLA issues all be handled in writing (although it’s ok to give out other peoples phone numbers e.g. doctors and carers).
Illness. Spell out the impact on day to day tasks here, as well as in the rest of the form. Continue on separate sheets if necessary. Every separate illness or condition should be listed separately, even those that are (to us) obviously closely related or symptoms of one another. Spell out the effect of each illness on day to day tasks – don’t assume that saying “rheumatoid arthritis” means that the reader will realise that causes “severe pain in legs, arms, and fingers making it difficult to move.
Drugs/alcohol – always worth listing if there is serious abuse of these. Spell out all the effects they have – e.g. fits or spasms for severe alcoholics, say “exacerbates mental health issues” and so on.
Should be in claimants own words, but common phrases include “severe pain and discomfort”, “danger to myself and others”, “I have tried this in the past and…” “I need support and assistance to …”. You will find that repeating the exact same phrases over and over again in the different pages.
You need to draw clients out – a lot of people minimise their suffering, which is a great positive approach to life normally, but is deadly for a DLA form. So ask clients things like “What is it like on your worst days?”. “Have you ever found that…?”
Talk up all the mental health issues. Note that a whole load of mental health issues often go together, so if your client has one find out if he (even partially) has some of the others:
Severe depression
Anxiety
Panic attacks
Nervous breakdowns
Claustrophobia
Agrophobia
Thoughts of self harm / planning for self harm / attempts of self harm
You can list them all separately and repeat over and over on each page.
Extra evidence is always good, additional supporting statements from health care professionals, social workers, carers, relatives, etc. help. There is one page in the form for this, but you can put in extra sheets and letters.
Medical
You should normally expect to be given a DWP medical for DLA. These medicals are generally not sympathetic, are aiming to fail you.
Your medicals start as you approach the building. The DWP can watch you in security cameras walking towards the building and use that against you. They can time how long you can sit in the chair in the reception waiting room. They can watch how easily you get up from a chair in the waiting room and in the interview room. They will look at your general appearance – so not shaving or washing or changing your clothes for a while beforehand might be worth doing.
You are allowed to bring someone else with you to the medical (especially important) and the interviews (less important). Your companion will be allowed to speak at the medical and clarify your answers and give more detail.
Appeal
It is almost always worth submitting an appeal. That way an independent and often more sympathetic tribunal gets to over-rule the DWP. A lot of cases pretty much always need to go to appeal to get an award. You can (and should) bring someone with you to the appeal tribunal. Often the appeal is heard and decided by just one person, or sometimes there is a doctor there as well.
Although beware that it is possible for claims to be downgraded, so appeals can have some risk.
You have one month to appeal, but can have late appeals accepted with reason, such as mental illness, hospital treatment.
No reason to submit long letter of appeal arguments, standard simple letter is enough.
DLA claims very often need an appeal to succeed, don't pass first time.
Some lawyers will use the legal aid scheme to pay for a supporting medical report for submitting to your appeal – worth getting, if possible. Same applies for ESA/IB appeals.
Call 0800 88 22 00 to start DLA/AA claim
Call up the DLA disability benefits claim line immediately, to ask for a new claim form to be sent out. Don’t download the form from the internet or wait for later to phone them. Why? Because the DLA money will be backdated to the day you made the call – as long as you return the form within 6 weeks. The number to call is 0800 88 22 00.
So make that call for claimants even if you're sending them elsewhere to have the form filled in.
Claimants will need support of GP in making DLA/AA claim, always worth speaking to them personally to make them aware. If you GP (or other doctor or medical professional, such as a hospital consultant) does not support you for your DLA claim your chances of succeeding drop dramatically.
Other Benefits
If not working you would likely qualify for Employment Support Allowance (or for claimants before 27th October 2008 Incapacity Benefit / Income Support with disability premium) – but have to complete the separate detailed claim forms for that. Otherwise if not working you would get Job Seekers Allowance with disability premium. Around £24 per week extra – that's on top of your DLA money.
There are similarities between those forms, so make sure to keep photocopies and refer to them when doing the other form. The DWP also compare both forms when doing their medicals and so on, so aim to be consistent in each. For DLA you have to emphasise more the care and assistance and support you need to do tasks.
Premiums and Carers Allowance
Qualifying for Disability Living Allowance often automatically results in premiums being paid as an increase to Income Support and other benefits. That is extra money on top of the Disability Living Allowance payments, making DLA even more worthwhile. See these course notes for details.
Also, your carer may be entitled to claim Carers Allowance. See the Carers Allowance course notes for details.