Guide to Benefits for families with children and young people
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Produced and updated by the City and County of Swansea Social Inclusion Unit –August 2013 Originally produced in partnership with the Generation 2020 Project and Community Legal Services
Contents Introduction ........................................................................................................................................ 1 Part 1. Benefits & Grants when you’re pregnant ............................................................................. 3 Healthy Start Food ............................................................................................................................. 3 Maternity Allowance........................................................................................................................... 5 Statutory Payments............................................................................................................................ 6 Statutory Adoption Pay (SAP). .......................................................................................................... 8 Statutory Paternity Pay (SPP) ........................................................................................................... 8 Other benefits when pregnant .......................................................................................................... 9 Sure start maternity grant ............................................................................................................... 11 Part 2: Benefits for children under 16 ............................................................................................ 12 Child Benefit ..................................................................................................................................... 12 Child Tax Credit ................................................................................................................................ 13 Part 3: Life’s unexpected… ............................................................................................................. 19 Disability Living Allowance (for under 16’s) .................................................................................. 20 If you are turned down… ................................................................................................................. 29 Personal Independence Payments……………………………………………………………………… 28 Other help for children with disabilities ......................................................................................... 29 Blue Badge schemes ....................................................................................................................... 30 The Family Fund ............................................................................................................................... 30 Carer’s Allowance & Carers Credit ................................................................................................. 30 Guardian’s Allowance. ..................................................................................................................... 32 Part 4: Extra Help ............................................................................................................................. 33 Free School Meals & School Uniform Grants ............................................................................... 32 The Discretionary Assistance Fund ............................................................................................... 33 Regulated Social Fund..................................................................................................................... 34 Discretionary Social Fund………………………………………………………………………………… 35 Universal Credit………………………………………………………………………………………………36 Challenging Decisions………………………………………………………………………………………36 Hints and Tip .................................................................................................................................... 37 Useful phone numbers: ................................................................................................................... 39 Appendix ........................................................................................................................................... 40 Maximising Income: .................................................................................................................... 41 Benefits in Brief ................................................................................................................................ 42
Introduction This pack is designed to help busy parents and carers of children and young people to identify any benefits that they are entitled to. Once you have identified a possible benefit that you are not claiming, you should contact local advice agencies if you require further assistance in making a claim. The Guide is arranged in four parts: • Parts 1 and 2 look at benefits for all children, arranged in order from early pregnancy to teenagers coming off Child Benefit. • Part 3 looks at extra help for children with health problems. • Part 4 looks at other help. The Appendix at the back explains some of the benefit terms used throughout: ‘earnings replacement benefits’, ‘means tested benefits’ and ‘non-means tested benefits’. There is also some brief information about benefits not covered in this pack. Pages on each benefit: Each benefit will be explained in plain, easy to understand language (as far as it’s possible!), under the following headings: What’s it all about? Gives a brief description of the benefit, allowance, or tax credit. How much is it? We give approximate figures to give you an idea (based on 2013/14 rates). Exact amounts change each year. Who can claim? This sets out the qualifying condition for each benefit. Where can I claim? Where do you get the forms and who processes them. When do I claim? Gives key dates on claiming, backdating and, where relevant, length of award. How do I? Gives a brief description on how payments are made, what to do if you disagree with a decision, or if circumstances change.
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Who can claim benefits? You normally have to be aged 16 or over and meet the conditions to be able to claim benefits. There are some extra conditions for 16 and 17 year olds. If you are aged from 16 to 20 you might have a choice between claiming benefits yourself or someone claiming benefits for you. If you are under 16, even if you are pregnant, the only benefit you can claim is Child Benefit for a child that you are responsible for. Someone else has to claim Child Benefit and Child Tax Credit for looking after you, and they can claim Child Tax Credit for your baby (and Child Benefit if you agree) until you reach 16. They can also claim any grants that apply to you, but it will depend on their circumstances, not yours. If you live as one of a couple, then for some benefits you have to make a joint claim with your partner. There are important restrictions on claiming benefits if you come from abroad. You should get advice before making a claim.
Different kinds of benefits • Contributory benefits: to qualify you must have worked in the last few years, and must have paid enough national insurance contributions to get that benefit. • Non-contributory benefits (also known as non means-tested): you will qualify if you meet certain criteria, regardless of your national insurance contributions, and your other income. • Means-tested benefits: to qualify you must meet certain criteria. The amount you get will depend on other money you or any partner have coming in and any savings. You may qualify for different benefits from any or all of these groups, depending on your individual circumstances. We will explain this for each benefit as you go through the guide.
Where do I claim? • Again we will point this out as we go through. Names have changed and offices have moved in recent years.
Tips and contacts: At the back – and through this Guide - you will find tips on making claims and useful contact numbers.
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Part 1. Benefits & Grants when you’re pregnant A number of benefits can help here: • First check if you can get Statutory Maternity Pay (SMP) from your employer (if you have one). Some employers top up this payment. • If you can’t get SMP, but have worked in the last year, you may qualify for Maternity Allowance from the Department for Work and Pensions (DWP) instead. • If that doesn’t work, you may qualify for Employment and Support Allowance (ESA). This is a benefit for people who have “limited capability for work”, this means that a person must have a mental or physical disability, illness or health-related condition which prevents them from working and they fit the descriptors within the Work Capability Assessment Test. (You are automatically considered to have “limited capability for work” from 6 weeks before your due date until 14 days after having the baby.) • Depending on what other benefits and income / savings you and any partner are getting you may also get: o Income Support – if you are incapable of work due to pregnancy or there are 11 weeks or less before the week your baby is due; or you had a baby not more than 15 weeks ago. o Income Based Jobseeker’s Allowance o Housing Benefit o Council Tax Benefit Other help: This section also looks at Healthy Start Food Vouchers and Sure Start Maternity Grants. Pregnant and under 16: You cannot claim maternity benefits and grants yourself. Someone else has to claim for you (see page 4).
Healthy Start food What is it? REGISTERED shops, grocers, milkmen, etc. can exchange vouchers for fresh milk, fresh or frozen vegetables and fruit as well as infant formula. You can also get free vitamins. If there is not a registered food outlet within a reasonable distance of your home you are paid an amount equal to the value of the voucher. Vouchers are paid to help: • pregnant women • mothers with children under 1 • children under 4. 3
Each voucher is worth about £3.10 per week. Registered shops in your area can be found by looking at the Healthy Start website or ask your health visitor if you don’t have access to the internet.
Who can claim? You can claim if you have been pregnant for more than 10 weeks and are: • An expectant mum under 18 regardless of income, unless you are excluded because you are person subject to immigration control. • An expectant mum over 18; or a mother with parental responsibility for a young child if the family income includes: o Income Support or income based Jobseeker’s Allowance or income related Employment and Support Allowance. o Child Tax Credit as long as the gross income is under £16,190 (the figure changes every April) and there is no Working Tax Credit. • You are a mother and either your child is under one or it is less than a year since her/his expected date of birth; and your income includes the above benefits (except for Income Related Employment and Support Allowance)
Where do I claim? You can get the form (HS01) from maternity clinics, health visitors or some doctors surgeries; or download a form from www.healthystart.nhs.uk; or by ringing 0845 607 6823. It must be countersigned by a health professional such as the midwife, to certify that your pregnancy has been confirmed and that you have received health advice; and if you are under 16, it also has to be signed by your parent or carer.
When can I claim? The earliest you can claim is from the tenth week of pregnancy.
For example: Susan has twins aged 2 and is 19 weeks pregnant. She is on her partner’s claim for income based Jobseeker’s Allowance and they get maximum Child Tax Credit and Child Benefit. While she is pregnant, Susan receives 3 vouchers a week, one each for the twins and one for herself as an expectant mother. After the baby is born she will receive 4 vouchers - one each for the twins, one for the baby (child under age 4) and one for herself (mother of a child under 1).
Healthy Start Vitamins If you qualify for Healthy Start Food vouchers you will qualify for Healthy Start Vitamins. Mothers and pregnant women are entitled to 56 vitamin tablets and children under four to 10 millitres of vitamin drops every 8 weeks. Your maternity or child health clinic or health centre is responsible for giving you free vitamins. 4
Maternity Allowance (MA) What’s it all about? Maternity Allowance is paid to women who can’t get Statutory Maternity Pay. This might be because you’re self-employed, unemployed or haven’t been with your employer long enough to get SMP. Or you may not be earning enough for SMP. ☺ MA is a non-means tested benefit so is not affected by any other income or savings you or any partner has. ☺ There are no National Insurance contribution conditions, but there are earnings and recent work conditions. ☺ You cannot be paid MA at the same time as another earnings replacement benefit (see Appendix). MA will count as income for other means tested benefits, but disregarded for Tax Credit.
How much is it? You only qualify for MA if your average weekly earnings are at least equal to the MA threshold of £30 pw. Calculating your average earnings can be complicated if you’ve changed jobs a lot or been self-employed so in this situation it’s best to get advice. If you qualify for MA you will either receive 90% of your average earnings or £136.78 a week (2012/13 rates), whichever is the less.
Who can claim? To qualify for MA you must: 1. be pregnant or have recently given birth and you are within the maternity
allowance period 2. have been working as an employee or self employed for a minimum of 26 weeks in the 66 weeks immediately before your “expected week of childbirth” EWC. Part-weeks count as whole weeks for working out this “test period”. The 26 weeks do not have to be consecutive and you could have changed employers during this period. 3. have earned an average of at least £30 per week over any 13 weeks in the “test
period”. 4. not be entitled to SMP.
Where do I claim? Firstly, fill in the form MA1 (available from your antenatal clinic, your local Jobcentre Plus office or their website www.jobcentreplus.gov.uk, or ring 0800 055 6688). Send it to the address indicated on the form or check with the local Jobcentre Plus. MA is sometimes administered locally and sometimes from regional centres. You should also include a MAT B1 (maternity certificate) and SMP 1 if you have one (if you have an employer who says you are not entitled to SMP, they must give you this). 5
When do I claim? At the latest you must claim within 3 months of stopping work for maternity, otherwise you may lose payments. It’s best to send in the MA1 as soon as you can after the 26th week of pregnancy. You can send a MAT B1 and SMP 1 (if applicable) in later. The earliest it can be paid is 11 weeks before your EWC; if you’re unemployed, it will start then. If you’re working you have more choice about when it starts.
Statutory Maternity Pay (SMP) What is it? Statutory Maternity Pay (SMP) is the minimum amount an employer must pay a ‘qualifying’ employee for up to 39 weeks. Your employer may well have a more generous scheme as part of your terms and conditions. SMP counts as income for means tested benefits, but the first £100 is ignored for Tax Credits. SMP cannot be paid as well as other “earnings replacement benefits” (see page 38).
Why should I claim? SMP gives you a guaranteed income for 39 weeks. If you qualify for it, then it’s the only earnings replacement benefit you can get. And don’t forget! If you satisfy all of the conditions below with more than one employer you can claim SMP from each of them. This can also apply if you hold two separate contracts with the same employer. This won’t work if you have to add together earnings to reach the minimum required to qualify.
How much is it worth? • For the first 6 weeks: 90% of your average weekly earnings (your employer will work out your average gross earnings by looking over a period of at least 8 weeks, up to the 15th week before the week your baby is due) • For the remaining 33 weeks: £136.78 per week, or 90% of your average weekly earnings, whichever is less.
Who can claim? This benefit is full of jargon and timetables! Don’t be put off – grab a diary or calendar and follow the steps through. Your employer should do all the work to see if you qualify, but it’s worth knowing how they do it, in case you think they’ve got it wrong. The first step is to know your EWC: Expected Week of Childbirth, and your weekly earnings You will qualify for SMP if: 1. you were/are working for the same employer for a continuous period of at least 26 weeks up to (and including at least 1 day of) the 15th week before your EWC. 6
2. you earned/will earn enough in the weeks (at least 8 weeks) prior to the 15th week before your EWC. This must be an average of at least the Lower Earnings Limit for National Insurance (£109 per week in 2013-14). You can add together wages from different employers and include any backdated pay rises in this figure. 3. you give your employer the “appropriate notice” and information. (See When do I claim? below.) You must give at least 28 days notice before you want to start being paid SMP (best done in writing and keep a copy). You must also supply a Form MATB1 from your doctor or midwife to confirm the EWC within 3 weeks of the maternity period starting. These limits can be extended if you have “good cause”.
You can’t do any paid work, for the employer paying you SMP or any other employers, during the SMP period. You can go into work for up to 10 “keeping in touch” days, but get advice or your SMP can be affected.
Where do I claim? Although SMP comes under Her Majesty’s Revenue and Customs (HMRC) you make your claim through your employer, by telling them when you want the SMP to start. If your employer disputes your eligibility for SMP, they should provide you with a form called SMP1 within 7 days, which you will need to claim alternatives such as Maternity Allowance. You have the right to ask your employer for a written statement about your SMP and the reasons you don’t qualify. If you still disagree you can contact the “statutory payments dispute team” on 0191 225 5221. HMRC can step in and overrule your employer if they’ve got it wrong.
When do I claim? You must tell your employer that you want to start Maternity Leave at least 15 weeks before your EWC, so you could start the SMP claim process then. You need to give 28 days’ notice of when you want the pay to actually start, and they must see your MATB1 before they can pay you SMP. The earliest SMP can be paid from is the 11th week before your EWC. You can however work up until the baby arrives. (If you are off work for any pregnancy-related reason in the last 4 weeks before your EWC, your maternity leave will automatically start then.) The latest you can start your maternity period and still get the full 39 weeks’ SMP is the day after the baby is born.
What happens if I fall sick? You can claim Statutory Sick Pay if you become unable to work before your “maternity period” actually begins. You cannot be made to bring your maternity period forward to 7
allow for sickness. However, if you are off ill with a pregnancy related illness in the 4 weeks before your baby is due; your maternity period will automatically start then.
Statutory Adoption Pay (SAP) What’s it all about? The same conditions apply as for Statutory Maternity Pay, except that you have to be at least 21 (you cannot adopt below that age). Either partner in a couple can claim the other partner could get Statutory Paternity Pay (Adoption) – see below. Payment is on the same basis as SMP and for up to 39 weeks of an “adoption pay period”. However, instead of measuring things from the “expected week of childbirth”, the key date for SAP (for earnings, start dates etc) is the “expected date of placement”. The earliest you can start SAP is 14 days before that date, rather than 11 weeks. The last day is the date of placement. As with SMP, you can get SAP from two jobs if they both qualify.
Statutory Paternity Pay (SPP) and Statutory Paternity Pay (adoption) These have similar conditions to SMP (and are paid at the same rate as SMP) except that payment is for only 1 or 2 weeks (your choice). The earliest it can be paid is from the child’s date of birth or the date of the child’s placement for adoption, and the latest is 8 weeks after those dates.
Who can claim? SPP or SPP (Adoption) can be paid to the biological father or the partner of the mother or one of the adoptive parents (so a woman could get SPP). Any PATERNITY leave must be taken within 56 days of the baby’s birth or placement date (adoption).
Where and when can I claim? To claim SPP you need to tell your employer in writing at least 28 days beforehand (either in a letter or using Form SC3 or SC4 (for adoption) available from www.hmrc.gov.uk). • of the expected week of childbirth or placement (and adoption notification). • that you are either the: o child’s father and will have responsibility for the child’s upbringing; or o the partner of the mother/adopter (or are the co-adopter) and will have a main responsibility for upbringing. 8
• that you will care for the child or support the child’s mother/co-adopter during the SPP period.
Premature births If your baby is born before the planned date of the start of your SMP or SAP, you may not have even had time to notify your employer. You need to inform your employer within 4 weeks of the birth. You can still get SMP if either: • You had informed your employer of your planned date for starting your maternity period, but now need to move forward; or • you hadn’t, but the baby was born in or before the 15th week before the expected date of childbirth.
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You must also provide evidence of the baby’s birth (e.g. a birth certificate) and of the expected week of childbirth (e.g. a MATB1) within 3 weeks of the start of the maternity pay period. This is extendable to 13 weeks if you can show you had good cause.
Stillbirths Sadly some babies don’t make it and are stillborn or die soon after birth. • If a baby is stillborn after the 24th week of pregnancy, you continue to be entitled to SMP and SPP in the normal way. • If a baby is stillborn before the 24th week of pregnancy, then this is counted as a miscarriage and SMP and SPP are not payable. However, if the baby is born alive at any time, but then dies - even after a momentthen this is counted as a live birth and SMP/SPP is payable.
Other benefits when pregnant What’s it all about? You might not qualify for either SMP or Maternity Allowance if, for example • You have not been with an employer long enough or earned enough for Statutory Maternity Pay. • You have not been either employed or self employed for long enough for Maternity Allowance. However, you may be able to get help instead from: • Jobseeker’s Allowance – at any time by signing on as unemployed. • Income Support – from the 11th week before expected date of childbirth and 15 weeks after. During this time there is no need to be looking for work. 9
• Benefits for sickness: Employment and Support Allowance.
Benefits for sickness • Being pregnant is not a medical condition or illness, but you may get some help from benefits for sickness whether or not you have any pregnancy related illness. Contributory ESA is non-means tested (like SMP and Maternity Allowance) so you can still be paid even if your partner is working or if you have savings over £16,000. Your entitlement will depend on you having enough National Insurance contributions. Income related ESA can be paid instead of Contributory ESA (if you don’t have the right NI contributions). It can also top up Contributory ESA if you don’t have much other money coming in. Just like Income Support, Income-related ESA it is affected by most other income or savings you or your partner may have. Counted as being sick You may be positively blooming in pregnancy, but you can still be counted as being sick if: • your health or that of the unborn child would be at risk if you worked; or • you are within 6 weeks of giving birth and for the following 2 weeks after birth. Outside of these times, you can claim ESA in the normal way if you are too sick for work (whether or not this is pregnancy related). This involves an initial fit note from your GP, followed up by self-assessment questionnaires and usually a medical by a DWP appointed doctor. These may or may not pay any more than other benefits you may be getting (e.g. Jobseeker’s Allowance), but you won’t be expected to sign on.
Where do I claim? You need to lodge your claim by ringing 0800 055 6688 to register. The claim can be taken over the telephone - which takes about 45 minutes. However, you can ask them to send you out a paper claim form.
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Sure Start Maternity Grant What’s it all about? This is a one-off payment from the Social Fund (part of the DWP) • It is a grant, not a loan, and does not have to be paid back. • If you meet the conditions you get the grant.
Why should I claim? It’s a tax-free £500 payment to help with all the extra costs of a child or expected child.
Who can claim? 1. You have no child under the age of 16 living in your household and either you (or a member of your family) are: • pregnant or have had a baby within the last 3 months; or • the parent (but not the mother) and not the mother’s partner and responsible for a child under 1; or • have adopted or been granted a residence order and the child is under one years old; or have been granted a parental order for a child born to a surrogate mother or • You do have a child under the age of 16 living with you and you are pregnant with or had multiple births within the last 3 months. You will then be entitled to an additional grant and 2. are getting any one of these qualifying benefits/Tax Credits on the day you make your claim or have applied and will qualify for the benefit: • Income Support; Income based Jobseekers Allowance; Income Related Employment and Support Allowance; Pension Credit or Universal Credit; or • Child Tax Credit paid at more than just the basic family element • Working Tax Credit that includes a disability or severe disability element and 3.
have received advice about pregnancy and child health from a health visitor, clinic etc. • Not a person subject to immigration control • You or your partner are not involved in a trade dispute
Where do I claim? You have to complete a form SF100 available from the DWP, local Jobcentre Plus office or at antenatal clinic or ring the Social Fund. The form must be signed by a health professional to say that you’ve had advice.
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When can I claim? You can claim from 11 weeks before the expected week of childbirth or no later than 3 months after a baby is born or the date of adoption/residence order etc. No late claims are allowed except: • if you can’t find a form send in a letter (recorded delivery) with as much detail as possible. They will send a form back to you giving you another month. • if you’re waiting for an award of one of the qualifying benefits make your claim in time and tell them. The Social Fund will either put off a decision or turn you down, but if you get back to them within 3 months of getting the benefit/Tax Credit, you will still get your Maternity Grant, as long as the qualifying benefit covers the day of your original claim.
Part 2: Benefits for children under 16 This part deals with Child Benefit and Child Tax Credit - the benefits for (almost) all children up to the age of 16. In some circumstances you can carry on claiming for dependant ‘children’ right up to the age of 20. ☺ Every child or young person should have Child Benefit paid to their main carer.
Child Benefit What’s it all about? Probably the best known benefit in the book. Some people still call it by its old name of Family Allowance. Currently it’s a non-means tested benefit, but if one of the parents / carer has gross earnings in excess of £50k entitlement will be reduced until earnings reach £60k and there will be nil entitlement. Conditions are straightforward – you get it because you are looking after a ‘qualifying’ child or young person. It is important to claim as soon as possible because it acts as a key to unlock or speed up claims for other benefits for children.
How much is it? Child Benefit is not a huge amount in itself and rates have been frozen until April 2014: • £20.30 for the first child and £13.40 for each other child.
Who can claim? Anyone who is responsible for: • a dependent child – (defined as a child under 16) or • a qualifying young person (under 20 and in full time education up to A-level or equivalent, or in certain forms of DWP approved training).
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You do not have to be the child’s parent, you could be a grandparent, relative, older sister or brother, as long as you are the main carer. You must be responsible for the child either: • because they live in your household or • because you contribute to supporting him or her at a rate at least equal to the amount of Child Benefit.
Where do I claim? Before you can claim for a baby the birth must be registered at the Registrars Office. You will need to contact them to make an appointment. You must register the birth within 42 days. It can save time to have thought of a name before you get there… • If the parents are married then either one can register the birth. • If the parents are NOT married to each other, then both MUST attend if the father’s details are to be recorded. After the registration is completed, a birth certificate will be issued - one is free but any other copies will have to be paid for. The birth certificate enables a parent to claim Child Benefit. You will need the birth certificate to send together with the claim form to the Child Benefit Centre, PO Box 1, Newcastle upon Tyne, NE88 1AA. Their contact number is 0845 302 1474.
Tax Credits As a rule, anyone with responsibility for children should claim Child Tax Credits (CTC). (If you or your partner is working for either 16 or 24 hours a week (check which hours apply to your situation), you also claim Working Tax Credit (WTC) on the same form.) Apply even if you think your income may be too high: the system is complex, and you might be surprised.
What’s it all about? • CTC is paid by Her Majesty’s Revenue and Customs (the old Inland Revenue). • You can get CTC whether you are in paid work or not – providing you meet the means test. 13
• All awards are provisional, based on your income last year – and finalised at the end of the financial year. If your current year’s income is different you could end up being underpaid or overpaid. • If you have been underpaid they will disregard the first £2,500 and pay the difference to you later. If you get overpaid you will have to pay it back. • If your income is below £15,910 (before deductions for tax and National Insurance) a year then you will get the maximum CTC and these complications of under and overpayments don’t come up.
Who can qualify? You, and/or your partner if you are responsible for: • a child under 16, OR • a young person under 20 staying on at school or further education full time or in certain forms of DWP approved training. The child must normally be living with you and you must have main responsibility for them. And that’s it!! • You do not have to be getting the Child Benefit, so one person could get CB and another get CTC. • You do not have to be the parents. • There are no capital limits – only taxable income from savings will count (and not if they are tax free – e.g. ISAs, some National Savings).
Why should I claim? • Claims can be simple. • An award might entitle you to other benefits - free school meals, the Sure Start Maternity Grant etc. • It is paid to the person with main care, and is totally separate from Child Benefit.
How do I claim Tax Credits? You can get the form TC600 from local Jobcentre Plus and HMRC offices or you can order a claim pack, check out your eligibility or ask about your claim by ringing the HMRC on 0845 300 3900 (open from 8.00am to 8.00pm). You can check your eligibility online at: www.hmrc.gov.uk/taxcredits You can only backdate a claim for 1 month, so it is important that you make the claim as soon as possible. There is no space on the form to ask for the claim to be backdated. Sometimes it happens automatically, sometimes not. When you get your award notice from HMRC, check, and if it hasn’t been backdated, phone them. 14
Joint claims: All Tax Credit claims are made jointly with any partner: husband, wife, partner (civil or otherwise) and both your incomes will be taken into account. This means you are both jointly liable for any overpayment. This can mean rough justice if HMRC chase you for the money instead of your ex. Get advice. A new claim MUST be made if you separate or get together with a new partner even if your income does not change.
Filling in the form: If you are used to claim forms with the DWP or your local Council, you will find HMRC do things very differently: • The good news: forms are much shorter with far fewer questions than the old DWP forms and you don’t need to back it up with evidence, recent pay slips etc. Renewal forms are even shorter. • The bad news: Some people will need to work out their total annual income for the previous tax year, which can be tricky. But if you get one of the main means tested benefits (e.g. Income Support, Income-based JSA, Income related Employment and Support Allowance) just tick the box - you don’t have to work out your total income. • …And – if you taxable income is different from the previous tax year, you will need to notify tax credits once you have received the provisional decision, asking them to readjust your award based on your estimated income for the current year – this is in order to prevent any potential under / over payments. • …And if you want your claim back dated or you are expecting a decision on a claim for Disability Living Allowance you will either have to ring HMRC separately or include this information in an attached letter with the claim form. This is because the forms are read by computer and are unable to read information written outside the boxes and there are no separate boxes on the claim form to include this information. Straightforward claims can be paid in a week, but manual claims can take a lot longer.
Renewing your claim: Annual reviews and declarations You are now embarking on a long and sometimes happy but bumpy relationship with HMRC… Between April and July, HMRC will send you an Annual Review Form (TC603R) and in most cases an Annual Declaration Form (TC603D) as well. In the meantime HMRC will carry on paying you at last year’s rates. Check the information, fill in any changes, sign and return the forms. Failure to return the form by 31st July will mean that you have been overpaid tax credits and you will have to pay it back.
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Beware - there are deadlines: • July 31st – if your form is not in, you will receive a notice from tax credits stating that your payments have stopped; if you return your form within 60 days of this notice HMRC will start your renewal claim and back date it to 6th April. • January 31st – If you failed to return your annual declaration on or before this date your renewal claim for tax credit can only be backdated to the 6th April if you can show that you were not able to complete the form because of exceptional circumstances and it was not possible to make arrangements for someone else to help you. If HMRC do not backdate your renewal claim, any tax credits paid to you will be recoverable – get advice.
How much is Child Tax Credit? CTC is a means tested benefit and it will depend on how much taxable income you and your partner have coming in over the current financial year; how many children you have and your circumstances. To give you an idea of how much maximum CTC can be, we show you the amounts for April 2013/14, but these rates change each year.
What’s my maximum CTC? Your maximum Child Tax Credit is made up of two parts: Elements of Child Tax Credit 1:) A Family element (one per family) •
a single amount per family about £10.50 a week/ £545 a year. 2:) Individual elements - one per child • •
A basic amount for each child/young person, £52.22 a week/£2,720 a year. plus for “disability”, £57.82 or £3,015 a year ( i.e. for each child entitled to any rate of Disability Living Allowance – Care and/or Mobility). • plus for “severe disability”, £23.45 a week / £1,220 a year ( i.e. an extra amount per child on DLA Care at the highest rate).
e.g. Rhiannon is a lone parent getting Income Support. She has two children, Geraint (aged 3) and Bethan (aged 6 months). As Rhiannon is on Income Support she gets maximum Child Tax Credit: • Family Element £10.50 • 2 x Individual Elements @ £52.22 one each for Bethan and Geraint = £104.44. Rhiannon’s maximum Child Tax Credit is £114.94 a week
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Geraint starts having problems with asthma and eczema, which means Rhiannon has to give him extra care (e.g wet wrapping, nebuliser, medication). After checking out the section on Disability Living Allowance in this Guide, Rhiannon’s Health Visitor suggests that she tries for DLA. After 10 weeks, Rhiannon gets a letter awarding DLA Care (lower rate) of £21.00 a week (and gets £210 back pay). This extra money is paid on top of any other income. Rhiannon is delighted. Her Health Visitor then remembers this page and tells Rhiannon to contact HMRC within a month of the DLA decision. Rhiannon finds she gets an extra amount for disability (£57.82) added to Geraint’s individual element. Her total Child Tax Credit goes up to £172.76 a week (and she will get the disability element backdated to the award of DLA, providing she notifies them within a month of the decision awarding Geraint DLA. To ensure that the maximum CTC increase due to the DLA award is paid, HMRC should be told of the DLA claim at the time it is made. So altogether, getting that DLA has been worth an extra £78.82 a week to Rhiannon.
Changes and Tax Credits Telling HMRC about changes: There are some changes that you must tell HMRC about, others you should and others you can choose not to! These categories have changed already in the brief history of Tax Credits – the information here is correct at the time of writing (August 2013) - but give them a ring just in case: You must tell them within 1 month if: you become part of a couple or split up (you will need to make a new claim); your childcare costs decrease by more than £10 a week for 4 consecutive weeks; your child leaves relevant education/approved training, you are no longer counted as responsible for your child(ren), or your working hours change; you leave the UK permanently or for more than 8 weeks (12 weeks due to illness or bereavement); for child tax credit, you lose your right to reside; If you get together or split up from a partner, your claim will end and you must make a new single/joint claim, even if it actually makes no difference to the amount. You must tell HMRC within one month if this happens, or risk a fine and repayment of any Tax Credit paid. You should tell them about any other changes that affect the elements in your Tax Credits. Otherwise you could lose out on any increase or end up building up an overpayment which you may have to pay back. You don’t have to tell them about changes in income, as they will re-assess at the end of the year anyway using your income tax information; but you might prefer just to keep your Tax Credits being paid at the right rate and prevent any overpayments. 17
When do Child Benefit and CTC stop? The benefits and Tax Credit system sees people as children until they are 16 and as young people from their 16th birthday. You can still claim Child Benefit or Child Tax Credit for ‘qualifying’ young people up to the age of 20. A qualifying young person is someone who: is in full time (over 12 hours) non-advanced education (up to A level or equivalent). They may also get their own Educational Maintenance Allowance while doing this; OR is on certain DWP approved training courses. What approved training is varies from place to place and these courses have a habit of changing names – if in doubt, get advice from your local Careers office.
What happens in the last year in school? Payments will carry on until the end of compulsory education, which in England and Wales runs to the end of the school year in which a young person reaches 16, which is 31st August (in Scotland it’s the school term). HMRC usually send out a notification that your child tax credit award and child benefit will end. If you know that your child is staying on at school or college, or will be attending approved training, you must notify them as soon as possible to continue to receive benefit for your child. Child Tax Credit will then remain in payment until they attain the age of 20; so it is important to notify tax credits when they leave relevant education or training to avoid an overpayment and penalties. You do not qualify for Child Tax Credit for children in University as this is not relevant education. If they haven’t arranged to be in school/college next term they will have left “relevant education”. The cut off dates are slightly different: ☺ Child Benefit carries on until a “terminal date”, which changes depending on when they leave school. For summer leavers this is August 31st. The young person is treated as still being in education until then. Child Tax Credit continues until August 31st for those that have just finished Year 11 and stops straightaway for those who leave school after Year 11. But for both benefits payments may be extended for a little while longer…
Extending payments The idea behind the extended payments of benefits is to give 16 and 17 year olds some time to make decisions and for training placements to actually happen. This help is needed as these young people can’t usually sign on for Jobseekers Allowance. The extension doesn’t apply to young people aged 18 or over. The extension lasts for up to 20 weeks from the Monday after they left relevant education or approved training. To get these extended payments the young person must be aged 16 or 17 and: • be registered with Careers Service/Connexions for work and training; 18
• not be working for more than 24 hours a week; • not be claiming a benefit in their own right. (e.g. Income Related Employment and Support Allowance (ESA) or Carer’s Allowance).
Young Carers: At the time of writing you could still get Child Tax Credit but not Child Benefit for a young carer claiming Carer’s Allowance, during the extension period.
Young people with health problems/disabilities: If a young person with health issues stays on in education, there may be a choice on who claims benefit for them. The parent can continue to claim Child Tax Credits and Child Benefit to support their child, or the young person may be entitled to claim Employment and Support Allowance in their own right, but usually they must have an award of DLA or PIP. The choice will depend on whether the young person can claim benefits in their own right and whether they would be financially better off than if their parent(s) continued to claim benefits for them. Parents getting close to the maximum of Child Tax Credit usually get more money than if the young person claims in their own right. You should seek advice to make sure the right choice for your family is made.
Part 3: Life’s unexpected… Disability and long-term illness Available figures estimate that there are 700,000 children living with disabilities in the U.K. However, only 270,000 actually claim Disability Living Allowance. Claiming disability benefits can make a real difference to a family’s income. This year there have been major changes to disability benefits. New claims for Disability Living Allowance can now only be accepted if your child is under the age of 16; if your child / young person is aged 16 or over they will have to make a claim for Personal Independence Payments (PIP); this is a new benefit that has replaced Disability Living Allowance for those aged 16 – 64. If you are already in receipt of Disability Living Allowance you will have to make a claim for Personal Independence Payments when your child attains the age of 16. Whilst the claim for PIP is being assessed, the award of DLA will remain in payment for up to a maximum of a year or until a decision has been made on the claim for PIP. Because the criteria for an award differ, you may find that your child is not entitled to PIP, whereas they would have been entitled to DLA. This change can have significant impact; as you may no longer be entitled to claim other benefits; your child may not qualify for benefit in their own right; it can reduce the amount of benefits that you currently receive; and you could lose exemption from the benefit cap. It is therefore very important that you seek help and assistance with your benefits. 19
Disability Living Allowance (for under 16’s) What’s it all about? DLA provides extra money – regardless of your income - for those who have longerterm illnesses, disabilities, learning difficulties, mental health problems or behavioural disorders.
There are two parts: •
‘Care’ Component - paid at one of 3 rates: lower, middle or higher and is for help with personal care and / or supervision.
•
‘Mobility’ component paid at one of 2 rates: lower or higher and is for help getting around outdoors.
The range of needs covered by DLA is considerable from children with long-term health problems (such as severe asthma, ADHD) to more obvious disabilities, right through to those facing life-threatening illnesses. There are “special rules” which ease the claims process for children with life threatening illnesses. Help given might be physical, but also includes verbal help to do things (encouragement, prompting or reminding) or extra supervision to keep them and others safe. Of course all children have some care and supervision needs. To get DLA for children you will have to show that your child’s needs are considerably more than an average child of the same age.
Why should I claim? Getting DLA will go some way towards meeting the extra costs associated with illness and disability. It is not means tested, not taxable and how you spend it is up to you. It is always paid on top of other benefits or earnings. Awards of Disability Living Allowance can also lead to significant extra amounts in Child Tax Credit and may enable an adult to claim extra money as a ‘carer’. The combined effect can mean that even the lowest award can be worth over £78 extra a week and over £200 in the case of top rate awards! For a family on benefits or low income, this can be life-changing.
Who can claim? Parents or guardians make the claim on behalf of the child. There are minimum age requirements and you must show that there are extra needs compared to an average child of their age. Qualifying periods: DLA is usually for long-term conditions. Children have to have had difficulties for 3 months and be likely to have them for at least another 6 months. This does not apply for Special Rules claims.
How do I claim? It is better to ask for a dated claim form from the DWP Disability, Carers and Pension Service. Ring 08457 123 456. Ask for a DLA claim pack for children. 20
These will have the date you asked for the form and a date 6 weeks later. If you get it back within 6 weeks, any DLA awarded will be paid from the date you requested the form. If you miss this, send it in anyway, but you might not get the backdating. If you are late returning the forms try to explain why it has taken you longer – e.g. I didn’t understand the form and needed to get help. My child has been so unwell that there has not been time. I have trouble reading and writing so didn’t understand what I needed to do. I made an appointment for help but the worker was ill. My child’s social worker was going to help but was on leave. The pack should also contain a pre-paid envelope to return it to the office dealing with the claim.
DLA Rules for children Age limits: There are different minimum ages for children to claim DLA • DLA Care: from birth, but because of the 3 month qualifying period, it cannot be paid until the baby is 3 months, unless it is a claim under ‘special rules’ where there is no qualifying period. • DLA Higher Mobility: from 3 years. • DLA Lower Mobility: from 5 years. “Compared with an average child of that age” For all three rates of DLA Care and for DLA Mobility (lower) you have to show that a child needs a lot more help than the average child of that age - given that all children will need some care or supervision/company in unfamiliar places. The younger a child is, the more difficult it can be to prove this ‘extra’ requirement. DLA adjudication over the years has established that: ☺
Any needs related to an illness or disability are always ‘extra’.
☺
The amount of care and supervision, or help in unfamiliar places, needed is important. e.g. all young children might need someone there at mealtimes, or guidance in an unfamiliar place, but a child with behavioural or physical problems might need much more help, or a different kind of help.
This does not apply to Higher Rate Mobility,.
DLA Care Component DLA Care is paid for one of two reasons: ! “attention” – which means physical or verbal help (prompting, encouraging, reminding etc) with personal care tasks such as getting up, washing, coping with 21
!
hygiene, getting dressed and undressed, eating, moving around the home, toileting, seeing, playing, interacting with others, breathing, sleeping etc. “supervision” – where someone needs to keep an eye on the child because of the risk of danger to the child or others.
It is paid at one of three rates. The rate is less to do with the severity of the disability and more to do with how much extra attention or supervision a child needs and when that attention or supervision is needed: Care needs for part of the day: Around an hour’s worth of need for extra help, either in one block or split between a few briefer spells. This has to be active, physical or verbal help – supervision won’t count. Daytime care: This means a child needs either: ! ‘extra’ physical help or verbal help - prompting, encouraging or reminding several times spread over the day – it might be for only a few minutes at a time; OR ! someone to keep an eye on them for most of the day because of extra needs – can include short breaks - to keep themselves or others safe and well. You don’t have to need to be staring at them intently – but you do need to show that they require a higher level of supervision and could put themselves or others at risk. Night time care: This means a child needs either: ☺ ‘extra’ physical help or verbal help - prompting, encouraging or reminding – either for one occasion of at least 20 minutes or for more than one shorter spell; OR ☺ Someone to be awake and watching over them for either one occasion of 20 minutes or for more than 2 or 3 shorter spells. This means being awake. When is ‘night’ and ‘day’? Night is defined as after the time when the household normally “closes down for the night”. If a child normally goes to bed at 9.00pm but you normally stay up until 11.00pm, then any help given between 9.00pm and 11.00pm is daytime. But if a child keeps you up beyond your normal bedtime it is night. Another definition we have seen says that night is between 11.00pm and 7.00am. The rates of benefit paid are decided by the following: • If a child has care needs for part of the day they should get Lower Rate Care. • If a child has just daytime or just night time care needs they should get Middle Rate Care. • If a child has both daytime and night-time care needs they should get Higher Rate Care. 22
DLA Mobility Component: Lower Rate Mobility (payable from age of 5) Can be awarded if a child is physically able to walk, but needs substantially more guidance or supervision than another child of the same age when in places they don’t know well outdoors. Most young children will not be left alone in an unfamiliar place. BUT: !
a partially sighted child may need extra guidance to avoid stepping into danger or to avoid obstacles,
!
a child with behavioural problems may need extra supervision/ guidance to avoid any problems that might arise while out and about.
Higher Rate Mobility (payable from age 3) Payable when a child has difficulties walking which have a physical cause or are due to problems with their brain development. A child will qualify if: !
They are assessed as 80% deaf and 100% blind or
!
They have a severe visual impairment – this means that your child must have a visual acuity (with glasses or lenses if needed) of less than 3/60; or visual acuity (with glasses or lenses if needed) of 3/60 or more, but less than 6/60 WITH a complete loss of peripheral visual field and a central visual field of no more than 10° in total. Your optician or ophthalmologist will be able to confirm whether your child meets this criteria or They have no feet or
! !
They are unable to walk at all (e.g. because of paralysis or deformity of legs or spine) or
!
They are virtually unable to walk (e.g. because of breathlessness, slowness, severe discomfort, poor co-ordination or temporary loss of walking ability). The test is outdoors so think of uneven surfaces, normal obstacles, slight gradients (e.g. a ramp) but not hills, effects of bad weather, the less controlled environment or Walking could have a seriously damaging effect on their health (e.g. because of some heart conditions) or
! !
They qualify on the grounds of ‘severe mental impairment” (see below).
Virtual inability to walk: This is mostly linked to physical problems with feet, legs and backs. But some children with learning difficulties could qualify: • Downs’ Syndrome – co-ordination and balance problems linked with the physical differences in the brain can count as physical limits on walking just as much as problems with the back or legs. 23
• Autism – some children with autism can often suddenly feel unable to go any further, especially in the uncontrolled environment out of doors. This isn’t wilful or just a tantrum; offers of treats, threats of punishment etc won’t get them going again. It’s a case of “can’t walk” not “won’t walk”. Severe mental impairment: To qualify on these grounds a child must meet ALL of the following: 1. qualify for DLA Care - Higher Rate - i.e. day and night care; and 2. have an ‘arrested’ or ‘incomplete’ state of brain development which severely affects their intelligence and social functioning; and 3. exhibit disruptive behaviour that is extreme; and 4. they regularly require another person to intervene and physically restrain them to stop them hurting themselves, others or property; and 5. their behaviour is so unpredictable that another person has to be watching over them when they are awake
How do I claim DLA? First things first - supporting evidence If you have a sympathetic GP, health visitor, social worker, support worker, specialist nurse, consultant psychologist or any other professional who can support your claim it is worth asking them (all) sooner rather than later if they might do a supporting statement or letter to enclose with your claim. Claims that have good, detailed, supporting evidence tend to be processed quicker and are more likely to be successful. If you know a letter is coming but don’t have it in time to enclose it, explain on the form and ask them to wait for it to make their decision. Filling in the form You MAY find that someone who supports you with your child’s health or disabilities is also willing to help you complete the forms. If you can - get help from a local advice centre. If not, just take each page as it comes. Some tips before you start: It’s going to take a long time – more than 2 hours – take it in short steps. It will be depressing. The effects of getting DLA can be really positive – extra money, choices, options and opportunities for your child, but to get it you need to focus on their difficulties rather than the positives. It can be upsetting – it can feel like you are labelling your child (you’re not) or confronting the fact that s/he is different. If it all gets too much, leave it and find someone who will help.
A page by page guide Section 1 - 18: This is asking details concerning your child who you are making the claim for; and questions about days in care or hospital, GP involved with your child etc. The DLA usually write to the school if the child is in school or the GP. However, you should inform them of whom the best person to write to in Section 19. 24
Section 19: This could be anyone else, but obviously the more important sounding the better. But beware – professionals may not be fully aware of the issues for DLA and quite rightly want to emphasise the positive. You should explain that DLA awards are based on the difficulties a child faces and read the statement first. Point out the things about the child that are relevant, so they know you will agree with what they might say and won’t feel upset with them! There’s no harm either in photocopying the page and getting a range of people to fill it in. Section 20: The person who has main responsibility for the care of the child needs to sign the consent form here and declaration later on in the form. Section 21: List all illnesses and disabilities that your child has not just the ones you think are most significant; Section 22: You will need to list any aids and adaptations the child uses; what help they require to use them or an explanation of why aids and adaptations that have been provided do not assist. Section 23: Special Rules (for very sick children) - tick the box here if these apply. There is no need to complete the Care pages but if the child has mobility needs you will still need to detail these. Special rules bypass the normal rules and form filling, if a child has a condition which could be reasonably expected to be fatal within the next 6 months. This is not saying they only have 6 months to live; many go on to live for years and some will come off “special rules” if their condition improves or new treatments come out. The DWP asks your child’s GP or consultant for a DS1500 detailing the condition and current treatments. It does not ask for a prognosis about length of life. You don’t have to get one of these to go with the form. The claim will be dealt with quickly. If the DWP agrees, then your child will get DLA Higher Rate Care, regardless of any day to day needs. Awards are indefinite, but the current policy is to check them after 3 years. Section 24: This section relates to any variability in your child’s condition. It is very important that you explain any variability in each section. To qualify for an award, you have to have the needs more often than not; Section 25 - 31 : Higher Mobility - Complete this page if the child has physical difficulty walking OR if they have problems associated with a brain injury or learning disability which might qualify them (see previous section on Higher Rate Mobility). Distance is about walking before a child is in severe discomfort: pain, breathlessness etc, not when s/he has to stop or could not go any further. Other difficulties count too: balance, co-ordination, a complete refusal to walk in some children with autism. Section 32 - 34 : Lower mobility - Complete this page if the child requires extra supervision or guidance outdoors because of learning difficulty, behaviour problems or mental health reasons. 25
•
Of course, all younger children will need somebody with them, especially in unfamiliar or strange places.
•
The difference here is the degree of monitoring or guidance a child needs, especially with the extra difficulties of being in a strange place.
•
Try to explain then why the sort of guidance or supervision differs – e.g. ‘other children of Simon’s age need a hand to cross roads and to have their mums keep an eye on them at the play area but I have to be constantly at his side because he is so very impulsive’ .
Section 35: Any other information that you think is relevant you should enter here. Remember you need to build up a picture of your child’s needs to a person sitting in an office who does not know or has seen your child. Section 36: This question relates to the ‘qualifying period’ – your child must have had the needs for 3 months unless they come within ‘special rules’. You can still complete this form even if your child has not yet had the needs for 3 months – it just means that you will have to wait this time before payment can begin if you are awarded benefit. Section 37 – 47 & 51: help with personal care - These cover most aspects of a child’s daily life and all relate to the Care part of DLA. • If the child has more than one condition it might help you to keep a list of these on a separate sheet of paper beside you so that you remember to consider each of their conditions in relation to each activity the forms ask about. o e.g. ‘Mary’s depression following the accident means that she needs extra encouragement to eat at mealtimes. The damage to her arm also means that she has to have help cutting up food on her plate.’ • Try to bear in mind the sort of help that counts for DLA Care when filling in the form – i.e. either extra physical help, or verbal encouragement, prompting, reminding etc. • Try to explain how much – or how little – the child is capable of doing without this help or supervision and also to make it clear how this differs substantially from the level of help a child of the same age, without this difficulty, would need. • Remember to count all the elements of a task involve – e.g. a child who needs help with eating may need to be: o o o o o o o o
settled in a particular chair. have some sort of bib or other protection put over their clothes. have to be persuaded to try something or to start eating. have to have the food spooned into their mouths. get frustrated or angry and need to be soothed. spit the food out. swallow too fast and start choking. need to be cleaned up afterwards. 26
• You may also be surprised how often certain activities have to be performed, e.g. most people would think of getting dressed/ undressed as something that happens twice a day. However a child may need to cope with elements of dressing/ undressing: • • • • • • • • • • •
First thing in the morning. For P.E., swimming, football. Activities/ lessons after school/ at weekends. Because they regularly spill things. Because they are incontinent. Whenever they need to put extra clothes on to go outside. At doctor’s / hospital appointments. To receive physiotherapy or other treatments. When going to the toilet. Changing out of their uniform when they come home from school. Changing into pyjamas at night.
It all adds up! Help with washing may be needed every time a child uses the toilet. Similarly children don’t just eat three or four times a day – they often ‘graze’. Children may need help to play or socialise or communicate on and off right through the day. • In terms of identifying the extra help your child needs, it might help to get together with parents of children of the same age who do not have illnesses or disabilities to help you identify the ‘difference’. • Don’t worry about your spelling or grammar – express yourself as best you can and just try to include as much information as possible – whether in a list or as complete sentences. • What you’re trying to convey is: o what causes the problem. o what effect it has. o what extra needs for help or supervision this leads to. Section 48 -49: Supervision - These sections relate to the Supervision grounds for getting DLA – it’s where you need to explain the need for someone to keep an eye on the child to make sure that s/he and other people keep safe. • As with the care questions, you’ll need to persuade the DWP that the child has supervision needs above and beyond those another child of the same age would have. • There doesn’t actually have to have been times when the child or someone else has been in danger to qualify on Supervision grounds, but there must be a reasonable likelihood of something bad happening if the child isn’t supervised. •
If there have been actual examples though, it can help if you describe them: 27
• ‘I got distracted by a phone call last month. In just those few minutes he’d pulled the saucepan off the worktop. It could so easily have been on the cooker.’ • ‘when the fits happen she can hurt herself falling. I can’t stop the fits but I can make sure that she’s ok afterwards and get help if needs be.’ • Remember that to qualify on a daytime basis the need for supervision must be almost continual – with very few breaks. Could the need occur at any time? • To qualify on a night-time basis, the need for supervision only needs to happen once for 20 minutes or more, or more than 2 or 3 times for however long it takes. Someone must need to be awake to provide that supervision. Section 50 : The child’s development - This section is about delays in the child’s development; physical, sensory skills, learning skills, social skills and help with play. Often the same problem pops up in different boxes, so it’s worth repeating. It is also a good place to compare with other children you know of a similar age. Section 51: You may not know the answer to these questions and should ask the school or nursery; however if you notice that your child returns home soiled; or with their lunch uneaten, you need to mention this here. Section 52: This section is asking what additional help does your child require to go out to places; if your child does not go out to many places because of the nature of their disability you can state this here; e.g. due to behavioural problems my son/daughter requires 2 to 1 support and this is not always possible and as a consequence he is precluded from many activities. Section 53: relates to needs required at night. Remember night time begins when the household closes down (or when you want to go to bed)– not when the child goes to bed. The how often and how long boxes are to establish whether you need to get up for more than once a night (repeated) or for more than 20 minutes (prolonged). Section 54: This section provides extra space – so can be used to continue on from previous sections; or to include information that doesn’t fit into the other sections, but provides additional and relevant information to help inform the decision makers of your child’s illness or disabilities. Section 55: Is the qualifying period – see Section 36 Section 56 – 65: This section is asking for information about the main carer – usually the parent or guardian, but can be a foster carer if the child is in care. Section 66: Needs to be signed by the person who completed the above section.
28
What happens next? Once you send the form off along with any supporting evidence, you will get a letter saying they have got it. It can take 2 to 3 months for a decision. A DWP Decision Maker will look at the form and may decide they need to write to your child’s GP, school or others listed on the form. They may want one of their doctors to call round and do a report. Please inform your GP and school that you are making a claim for DLA so that they are prepared to give evidence.
If you are turned down… Don’t despair! Many claims are wrongly turned down. It is not a clear-cut decision and it’s easy for the Decision Maker to misunderstand the nature of your child’s condition, or the rules, or to fail to weigh up all the evidence. They don’t get much time to do this. If you are not happy with the decision, you can ask them to look at it again or go to an independent appeal. Most appeals are successful, especially if you get help and advice or get more supporting evidence. So don’t take NO for an answer get advice.
Personal Independence Payments (Aged 16 – 64) What’s it all about This benefit replaces Disability Living Allowance for those aged 16 – 64 (extending to 66 in line with state retirement age); It is a tax free, non means tested benefit and you do not need to have paid national insurance contributions to get it. It is paid on top of other benefits and can be paid whether you are working or not.
There are two parts •
Daily Living – paid at one of 2 rates: standard or enhanced for help with participating in everyday life.
•
Mobility – paid at one of 2 rates: standard or enhanced: for help with getting around
The criteria for PIP is different to DLA as entitlement is based on meeting a set of descriptors within a list of activities for 50% or more of the time. A score of 8 points awards the standard rate and a score of 12 points awards the enhanced rate.
Qualifying period You have to have had the needs for 3 months and expected to have them for the following 9 months;
How For first claims you need to start your claim over the telephone by ringing 0800 917 2222. Basic information will be taken and your claim registered. A PIP2 form will be sent out to you to complete, asking how your illness / disability affects you. 29
If the young person is approaching 16; a letter will be sent to the parent and guardian explaining PIP and what is needed to be done; a further letter will be sent to the parent and guardian informing them that when the young person attains the age of 16 that the young person will be invited to claim PIP. When the young person attains the age of 16, they will be invited to make a claim for PIP; if they fail to respond to this invite their DLA payment will be suspended; failure to apply for PIP within 8 weeks will result in their award for DLA being terminated.
Other Help for children and young persons with disabilities Blue Badge schemes Claims are dealt with by your Local Authority. Blue badges are available for those who have severe restrictions on their mobility. If you have an award of the higher rate of the mobility component of DLA, you will automatically qualify for a blue badge scheme, otherwise you will probably be called in for an interview. Children under the age of 3 are usually excluded from this scheme unless the child requires bulky medical equipment or require a motor vehicle to administer certain medication.
The Family Fund A Government fund which provides discretionary payments and grants to low income families of severely disabled children who are under the age of 17 to meet one-off costs – e.g. a holiday, a washing machine – each request is considered on its merit; one application per year – however grants can be applied for early if there are exceptional circumstance or need. • • •
•
The Fund is open to families with children and young people up until their 18th birthday who have a severe disability. The family must have been resident in the UK for at least 6 months. Families must be in receipt of either Income Support; Incapacity Benefit; Employment & Support Allowance; Income Based Jobseekers Allowance; Pension Credit; Working Tax Credit, Child Tax Credit, Universal Credit or Housing Benefit. However, annual income will be taken into account from these benefits when considering an award. There is no capital limit, but any taxable income from capital will be taken in to account. The Family Fund cannot help on behalf of children and young people in Local Authority care, including those living with relatives or foster carers.
You can contact them: By Post - Family Fund, Unit 4, Alpha Court, Monks Cross Drive, Huntington, York YO32 9WN Telephone: 0844 9744 099 Text phone: 01904 658085 E-mail: info@familyfund.org.uk www.familyfund.org.uk
Carer’s Allowance What’s it all about? 30
Carer’s Allowance is a benefit for people who care for adults or children who get Disability Living Allowance at the middle or higher rate of Care; daily living rate of Personal Independence Payments or Attendance Allowance. You can claim Carer’s Allowance for looking after your own child – being the mum or dad doesn’t disqualify you. Sometimes you qualify for Carer’s Allowance but can’t be paid it – but it can still be worth claiming - read on. Carer’s Allowance is non-means tested and you don’t need any NI contributions. It counts in full as income for means tested benefits. This means any payment of Carers Allowance will be deducted from your means-tested benefits, however, an award of Carers Allowance increases the level of means tested benefits you are entitled to. It’s paid at quite a low rate – £59.75 a week – so people claiming it can often get a ‘top up’ of Income Support too. If you are making a claim for Carer’s Allowance for an adult, you should seek advice as actual payment could adversely affect the income of the person you are caring for. It may be that someone else in the household or family would be in a better position to receive this Allowance.
Who can claim? You can claim if you are over 16 and look after someone who gets either DLA Care (middle or higher rate) daily living rate of Personal Independence Payment or Attendance Allowance and you: ☺ Spend 35 hours a week caring – this could be done in a weekend. ☺ Are not in full time education (over 21 hours a week). ☺ Are not earning more than £100 per week. Carer’s Allowance can be backdated for 3 months providing you met the conditions during that time. If you claim Carer’s Allowance within three months of the award of DLA, you can get Carer’s Allowance backdated to the date of award of DLA even if it takes a year or more to sort the DLA claim out (which can happen). Only one claim for Carers Allowance can be made for one person, this means that it doesn’t matter how many other people you are caring for or how many carers that person has, only one claim can be made per person. However, other carers may be able to claim Carers Credit. You qualify – but can’t be paid Carer’s Allowance is an Earnings Replacement Benefit (see Appendix). You can only be paid one of these at the same time, whichever is the highest - and usually that isn’t Carer’s Allowance! So in that case why bother claiming Carer’s Allowance? ☺ You still qualify for an extra “carer’s premium” in means tested benefits – this could be worth an extra £33.30 a week. ☺ ☺
Carer’s Allowance can be paid if the other benefit you were claiming stops. You will get National Insurance Credits which helps you to build up entitlement to state retirement pension. 31
☺
With Carer’s Allowance not actually being paid, there is no danger of messing up the income of the person you care for, as mentioned above. (To ensure this doesn’t happen, seek advice before claiming. This complication is not an issue if the person being cared for is a child.)
Carers Credit This is technically not a benefit, but a credit (Class 3) on your national insurance record that will help build entitlement to basic State Retirement Pension and assist with claims for Bereavement Benefits. To qualify for this credit you must: • Look after one or more people for a total of 20 hours or more a week and the person being cared for must be in receipt of: – Disability Living Allowance care component at the middle or the highest rate – Daily living component of Personal Independence Payments – Attendance Allowance at any rate – Constant Attendance Allowance at any rate; or • They have been certified by an appropriate health or social care professional as requiring the hours of care being provided each week; and • Must be over 16 and under State Retirement Age – can be awarded to those in full time education.
Guardian’s Allowance What’s it all about? Guardian’s Allowance is an extra benefit paid to people of any age who are looking after children or qualifying young people who are effectively orphans. Guardian’s Allowance is non-means tested and there is no need for anyone to have paid National Insurance contributions. It is payable whether the “guardian” is working or not and whether they are legal guardians or not.
Who qualifies? You qualify for each eligible child if either: • both parents have died or • one parent has died and the whereabouts of the other is unknown at time of death and despite efforts still cannot be found or • One parent has died and the other is either in prison or subject to a court order detaining them in hospital.
How to claim? Claim form BG1 is available from the Guardian Allowance Unit (0845 302 1464) or from local Revenue offices or Jobcentre Plus offices.
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Payments can be backdated for 3 months. However the decision maker does have some discretion in backdating further if a claim for Child Benefit had been made earlier. Get advice.
Part 4: Extra Help Free school meals • Available to those in receipt of Income Support, Income Based Jobseeker’s Allowance or Income Related ESA. • Those with maximum Child Tax Credit (but not where Working Tax Credit is part of calculation) and whose annual taxable income is less than the current year’s level (£16,190 currently). • Those claiming the guarantee credit of Pension Credit. Also: • 16-18 year olds claiming and receiving in their own right income based Jobseeker’s Allowance, Income Support, maximum Child Tax Credit but not Working Tax Credit. • Asylum Seekers in receipt of support provided under part V1 of the Immigration and Asylum Act 1999.
School uniform grants Schools are free to set their own uniforms policy and so costs can vary considerably. You may be able to get a Welsh Government grant of £105 per eligible child if they are eligible for free school meals.
Who can claim • Pupils entering Year 7 of Secondary Schools in Wales in the 2012/13 school year, who are eligible for free school meals
How to claim Contact the school for details of how to apply.
The Discretionary Assistance Fund This fund replaced Community Care Grants and Crisis loans which was part of the discretionary Social Fund. Budgeting Loans continue to remain unless you are receiving the new Universal Credit benefit that is replacing Income Support, Income Based Jobseekers Allowance, Income Related Employment and Support Allowance, Working Tax Credit, Child Tax Credit and Housing benefit.. Claimants receiving Universal Credit may qualify for a budgeting advance but will not be able to access a budgeting loan from the Social Fund. The Discretionary Assistance Fund provides grants to people needing urgent assistance and where there is an identified need to safeguard health and well being.
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These grants will either be services provided; card payments for specific items or cash payments for daily living payments. Within the fund there are two types of grant support which you do not have to pay back:
Individual Assessment Payments (IAP) What’s it all about? Only available to those in receipt of Income Support, Income based Jobseeker’s Allowance, Income related Employment and Support Allowance and Pension Credit (either part). Savings can affect the amount you will be paid. The purpose of these grants is to: • Ease exceptional pressure on families. • If you have to travel within the UK to visit someone who is ill, attend a relative’s funeral, ease a domestic crisis, visit a child who is staying with the other parent pending custody decisions. • To re-establish someone into the community after a stay in residential/institutional care. • To prevent someone having to go into residential/institutional care. • To help someone set up home as part of a planned resettlement programme, following a period of unsettled living.
Emergency Assistance Payments (EAP) These grants are to help people regardless of benefit entitlement where there is an immediate threat to health or well being. Anyone over the age of 16 can be considered for a grant if they need help to meet expenses due to an emergency or disaster. You can only have three grants in a rolling 12 month period.
How do I claim? You can apply on line at: http:// moneymadeclear.wales.org; by telephone on 0800 859 5924 free from a landline or 03301 015 000 - which is charged at a local rate or by downloading an application form and sending it to: Discretionary Assistance Fund; PO Box 2377; Wrexham, LL11 0LG. If you are turned down for a grant - get advice…
The Social Fund Has two parts to it. The regulated Social Fund which covers Sure Start Maternity Payments (covered earlier in this booklet); Funeral Expenses Payments and Cold Weather Payments; and the discretionary Social Fund which provides budgeting loans for benefit claimants. The discretionary social fund used to include Community Care 34
Grants and Crisis loans however, in Wales this has been replaced by the Discretionary Assistance Fund.
The Regulated Social Fund: Cold Weather Payments What’s it all about? A payment of £25 is paid for each week where there has been a period of seven consecutive days in which the average daily temperature at the designated local weather station (Pembrey in this area) is recorded as zero degrees Celsius or below. Who qualifies? You have been awarded Income Support; Income based jobseekers allowance; Income related employment and support allowance; universal credit and • your award includes the disability, severe or enhanced disability premium for an adult or child; the work related activity or support component; or a pensioner/ higher pensioner premium; or • you are responsible for a child under the age of 5; or • you are getting child tax credit which includes a disability or severe disability element for a child. How do I claim? The DWP should automatically pay you if you qualify. Your local DWP will publicise when there are periods of cold weather in your area.
Funeral Expenses Payment What’s it all about? You may qualify for a payment to help with the cost of a funeral if the DWP treat you as ‘an eligible person’. Even if you are arranging the funeral and taking responsibility for it, it doesn’t necessarily mean that you will receive this payment. There is a strict order of who is deemed to be eligible – get advice before applying.
Who qualifies? You must be in receipt of a means tested benefit – Income Support; Income Based Jobseekers Allowance; Income Related Employment and Support Allowance; Housing Benefit; Child Tax Credit (which exceeds £10.50 per week); Working Tax Credit which includes an element for a disabled worker or severe disability element, or Universal Credit;
How much will I get? A payment will cover very specific costs in relation to purchasing burial plots; necessary cremation fees and medical certificates and other relevant documentation and the reasonable cost of transport and up to £700 for any other funeral expenses, which includes funeral director fees, flowers etc. 35
Awards fall significantly short of covering a cost of a funeral and claimants may have to apply for a budgeting loan to meet the shortfall.
How do I claim? You can claim on form SF200 which you can get from your local Jobcentre Plus Office or download online or by ringing the Bereavement Service on 0845 606 0265. You can claim at any time from date of death up to three months after the date of the funeral.
Discretionary Social Fund Budgeting loans These are interest free loans and are available to those who are on Income Support, Income based Jobseeker’s Allowance, Income related Employment and Support Allowance and Pension Credit (either part). You/your partner must have been in receipt of one of these benefits for the last 26 weeks. The loan must meet one of the specific categories listed and for a minimum of a £100 minimum, the maximum amount will vary and dependent on your circumstances but cannot be for more than £1500 (less any outstanding loans you already have from the Social Fund). The amount of savings you have affects the amount you can claim. You must be able to demonstrate that you can repay your loan.
How do I claim? You can claim by completing a SF500 claim form from your local DWP office or download them from www.gov.uk
Universal Credit This benefit is going to replace the main means tested benefits for people aged 18 – 64 (increasing to 66 in line with state pension age); Young people aged 16 and 17 will still be able to claim in exceptional circumstances (similar to the current criteria). Universal Credit will replace Income Support; Income Based Jobseekers Allowance; Income Related Employment and Support Allowance; Working Tax Credit; Child Tax Credit and Housing Benefit. It will be one benefit paid to one member of a couple whether they are in or out of work and fit the means test. It will be paid monthly in arrears and payments will include amounts for rent. Awards will be based on real time information; and claimants will have to have a claimant commitment which identifies what activities you and your partner (if applicable) are undertaking to find work; increase your hours of work; increase your rate of pay.
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Change of circumstances will affect the whole months award as opposed to when the change took place– this is positive if it means an increase in benefit entitlement, but very negative if it means a decrease in entitlement. Consideration will need to be given in relation to your ‘assessment period’ and when a change of circumstances takes place. Some change of circumstances can be planned e.g. if your child wants to leave school during term time; moving home, but others can’t be planned; e.g. family breakdown. This benefit will be administered by the Department for Work and Pensions.
Challenging Decisions If you think a decision is wrong or your circumstances have changed and the decision is no longer correct, you should ask a Decision Maker for the decision to be looked at again by seeking a revision (often referred to as a reconsideration) or a supersession. You need to ask for a revision if the decision (or you think the decision) was incorrect at the time it was made. You usually have only one month to request an any grounds revision – although this can be extended up to 13 months or longer if there was an error in law. If your circumstances change, so the original decision was correct you will need to request a supersession on the basis that there has been a change of circumstances. At the time of writing you can lodge an appeal against any decision – usually within one month, but this can be extended to 13 months if you can show good cause, your case has merit or it is in the interests of justice. From October 2013, mandatory reconsiderations prior to appeal are being introduced. This means that you must ask the Decision Maker to reconsider your decision before you can lodge an appeal. If you are still unhappy with the decision you will then have to lodge your appeal with the Tribunal Service and not the Department that made the original decision. The Tribunal Service will need your reconsideration decision to accept the appeal as lodged; however if you have mislaid this, lodge your appeal anyway informing the Tribunal Service that you are seeking a duplicate copy. You will need to obtain a duplicate copy of the reconsideration decision and forward to the tribunal service as soon as possible.
Hints and Tips Whenever you have to telephone any of the agencies or departments responsible for administering any payment of benefit or Tax Credit the following may prove useful. • Keep a record of the date and time you contacted them. • Ask for the person’s name and which section they work in. 37
• If you need to ask questions or are unsure about anything try to write them down before you make that call. • If you are on a mobile phone ask them to ring you back. • If you’re not sure what they mean ask them to repeat it and explain in a way you can understand. If you need to use the post for anything: • Keep a record of posting date, whether sent using a pre paid envelope they provided, or first or second class mail etc. • If you need to send further information such as payslips or medical certificates make sure you attach your name, address, national insurance number and if part of a joint claim, your partner’s details as well. • Wherever possible try to keep photocopies of everything sent - or some computer printers are able to scan documents. In most cases you will receive a letter informing you that the DWP (or HMRC) have received your claim. This is also the case for any further evidence that you send in relation to your claim, or that the agency asks you to send in to them. You should also receive a decision letter informing you of the outcome of the claim. Every time you contact the Tax Credits office to inform them of a change of circumstances or to provide information, an award notification should be generated by computer and received by you within 4 weeks. If you have to provide information to local housing offices or housing /council tax benefit sections they will provide receipts, as should local Jobcentre Plus offices.
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Useful phone numbers: English Bangor (first claims) Wrexham (enquires/ change of circumstances)
0800 055 6688 0845 6003 016
Cymraeg
Textphone
0800 121 888 0800 0234 888 0845 600 3018 0845 6088 563
Bereavement Benefits
0845 606 0265
Carers Allowance
0845 604 5312
Discretionary Assistance Fund 0800 859 5924 / 03301 015 000 (charged at national rate) Disability Living Allowance
08457 123 456
Housing/Council Tax Benefit
01792 635353 (Swansea)
Jobcentre Plus Jobcentre Plus minicom
0845 604 3719 01792 476692 (Swansea)
Maternity Allowance
0845 608 8610
Registrars of births, Deaths and marriages/ civil partnerships
01792 636188 (Swansea)
Social Fund Enquiry Line:
0845 603 6967
Tax Credits
0845 300 3900
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Appendix
How can I be sure I have claimed all the benefits I am entitled to? By grouping the benefits into three ‘building blocks’ and spotting those that apply to you …
Block 1: Earnings Replacement Benefits: These are made up of ‘Contributory Benefits’ and Statutory Payments. Examples: Contributory Employment & Support Allowance, Contributory Jobseeker’s Allowance, Maternity Allowance, Carer’s Allowance, Widowed Parents Allowance, Statutory Maternity Pay, Statutory Sick pay o
They are all non means-tested: you get them if you qualify, regardless of your other income. Some of them depend on National Insurance contributions from your work; others don’t.
o
You might meet the conditions for several of them, but sometimes you can only get one of them at a time. In that case, you will be paid whichever is the highest.
o
It can still be worth claiming more than one (especially in the case of Carer’s Allowance). You might not get the lower one, but it can affect the amounts you get in Block 3.
Block 2: Extra non-means tested benefits: These are paid on top of any other income, to help with the extra costs of children and of long-term health problems/disability. Examples: Child Benefit, Disability Living Allowance. o
They are all non means-tested and can be paid on top of any other money you have coming in (such as Block 1 benefits or wages)
o
You don’t need to have paid NI contributions to get any of them.
o
They can be paid whether you are in or out of paid work.
o
Sometimes getting a Block 2 benefit can trigger entitlement to a Block 1 benefit, so if you get one, look again at Block 1!
o
Block 2 benefits can have a positive effect on benefits from Block 3…
Block 3: Means tested benefits and Tax Credits: These are all benefits for people on low incomes, paid instead of Block 1 benefits (eg if you don’t have the right National Insurance contributions) or as a top up. •
Some increase your income (e.g. Income Support, Child Tax Credit).
•
Others help with particular bills: Housing Benefit for rent; Council Tax Benefit for council tax.
•
The amounts you get can go up if you claim certain Block 1 or 2 benefits. For example: o
Carer’s Allowance can give you an extra “carer’s premium” in Income Support/JSA
.
and ESA. But take care if claiming for looking after an adult o
Any rate of Disability Living Allowance triggers an extra “disabled child element” in the calculation of Child Tax Credit and disabled child premium in the calculation for housing/council tax benefit.
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Building Blocks in practice This example shows how everyday life can make claiming benefits very complicated, and how important it is to get thorough, expert advice on the best things to claim, and when. John and Jane have two children, Bettie aged 2 and Billy aged 5. They both work full time, but have low wages. They have extra costs because of Billy’s behavioural problems. • Block 1: No Earnings Replacement Benefits as they both work full time. • Block 2: Child Benefit because they are responsible for children • Block 3: They may get Working Tax Credit (because they are working) and Child Tax Credit because they are responsible for children.
What else can they get? With Billy’s behavioural problems, a claim for Disability Living Allowance (DLA) is made. At the time of making this claim, HMRC (tax credits) should be notified. Some months later a decision is made awarding Middle-Rate Care component and Lower-Rate Mobility component of DLA. The award is back-dated to when the DLA was claimed. So now: •
Block 1: Because Billy has been awarded Middle Rate Care component of DLA, either parent could qualify for Carer’s Allowance, if their net earnings are less than £100 per week. If they do get Carer’s Allowance they will need to tell HMRC as it is a taxable benefit and is counted as income when calculating their tax credits.
•
Block 2: They still get Child Benefit but will also receive DLA for Billy.
•
Block 3: Because they have told HMRC within one month of the award of DLA, the Disabled Child Element will be added to their Child Tax Credit and backdated to the start of the DLA award (which is when it was claimed).
Some months later John has to give up work because of long term health problems: • Block 1: He can get Contributory Employment & Support Allowance, regardless of Jane’s earnings. He may qualify for a top up of Income Related Employment & Support Allowance, if Jane works less than 24 hours a week and her earnings are low. He can also claim Carer’s Allowance for looking after Billy (providing no one else is claiming this). The Carer’s Allowance might not actually be paid if he gets Contributory ESA, but getting entitlement awarded could increase his other benefits in Block 3. • Block 2: John could look at claiming PIP for himself – you can have an illness and disability yourself and be a carer for someone else. A claim for PIP can still be paid even if you return to work, but you will need to notify the DLA Unit. • Block 3: If John is awarded PIP their joint entitlement to means-tested benefits like Housing Benefit or Council Tax Reduction Scheme will increase. If John claims Carer’s Allowance for looking after Billy, Jane may be able to claim Carer’s Allowance for looking after John (depending on Jane’s earnings). This will also increase their joint entitlement to means-tested benefits. John has stopped work and his income has fallen; this could mean an increase in the family’s Working and Child Tax Credits but any payment of Carer’s Allowance and Employment & Support Allowance will be counted as taxable income when calculating entitlement to Tax Credits. 41
Three years later Jane and John split up. Jane has to give up work due to child care problems. John has moved out and returned to work. Bettie is having problems with asthma and eczema. Her Health Visitor supports a DLA claim: • Block 1: Jane claims Carer’s Allowance for looking after Billy. • Block 2: Jane already gets Child Benefit and DLA for Billy. But she now claims DLA for Bettie – even the lowest rate still gives her an extra £21.00 a week. She needs to notify HMRC of the claim for DLA. • Block 3: Jane gets Income Support (as a carer). Because she is a ‘carer’ she doesn’t have to be available for work and sign on. Jane could claim Jobseekers Allowance, but she would have to be available for work and actively seeking work and after 12 months, she will be mandated into the Work Programme. She also gets maximum Child Tax Credit, but if she gets any DLA award for Bettie this will increase by £57.82 a week. She needs to tell HMRC what’s occurring. She also gets full Housing / Council Tax Benefit.
Benefits in Brief Just because you are a parent, doesn’t stop you having the same issues as anyone else. Any benefit could apply to you just as much as anyone without kids, so we hope the following summary is of some help.
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Block 1: Earning Replacement Benefits and statutory payments Paid for: Bereavement Contributory benefit, based on your late spouses’ national insurance record. Caring - Non contributory, non means tested benefit Maternity and adoption – Non contributory and non means tested benefit Retirement Contributory
Sickness
Unemployment – Contributory
Benefit Bereavement Allowance – for widows/widowers for 12 months. Widowed Parents Allowance – for widow/widowers with children for whom Child Benefit is payable.
Carer’s Allowance – for looking after a child or adult (for 35 hours per week) who gets Disability Living Allowance at the Middle or Higher rate of Care or any rate of Attendance Allowance and the carer has net earnings from employment of less than £100 pw. . Statutory Maternity Pay – the legal minimum that an employer must pay to qualifying employees for 39 weeks. Statutory Adoption Pay – same as SMP, but in respect of adopting a child. Statutory Paternity Pay – for 2 weeks for expectant fathers. Maternity Allowance – for women who can’t get SMP. Retirement Pension – paid to pensionable age women and men (pensionable age is increasing for women to the age of 65 by 2018 and to 66 for all by 2020). Amount varies depending on contribution record, whether you put off claiming your pension and whether you get any second pension from SERPS or the Second State Pension. May be topped up by Pension Credit. Statutory Sick Pay – the minimum that an employer must pay - for up to 28 weeks – Non Contributory Benefit Incapacity Benefit (contributory)– for people who became too sick to work before the 27/10/08 and have the right National Insurance contribution (unless under 20 and sometimes 25 when contribution conditions are waived). May be ‘topped up’ by Income Support. People claiming these benefits will be transferred over to Employment and Support Allowance between 2011 -2014 Contributory Employment and Support Allowance – replaced Incapacity Benefit from 27th October 2008. Those placed in the Work Related Activity Group will receive payment for only 52 weeks, after this time, they may receive Income Related ESA – but this will depend on their partner’s circumstances or whether they have any savings. It is important to continue the process of claiming ESA – even if you do not receive any payment of benefit, as your national insurance record will continue to be credited and if your condition deteriorates you may qualify for payment if you are placed in the Support Group. It may entitle you to more means tested benefits. Contribution-based Jobseekers’ Allowance – for the first 6 months, at a basic rate for you only. You may need a top up from Income-based JSA or switch to it entirely after 6 months.
Block 2: Extra non-means tested benefits Children
Extra costs of disability
Special Disability Compensation
Child Benefit - for looking after children and qualifying young people. Guardians Allowance – for looking after children whose parents have both died, or where one has died and the other has effectively disappeared, is in prison or is detained in hospital by a court order. Disability Living Allowance – for children and some adults with extra Care or Mobility needs as a result of long term illness or disability. Personal Indepdence Payment – replaced DLA for those aged 16 – 64 Attendance Allowance – a less generous version of DLA for those over 65 when they first claim. Industrial Injuries Scheme and War Disablement Schemes - These are almost like mini benefits systems of their own, which can be considerably more generous than the main benefits for disability. You should check these out if long-term health problem/disability relates to an industrial injury, occupational disease, service in the armed forces or as a civilian in war time. 43
Block 3: Means tested benefits and tax credits Paid for
Benefit / Tax Credit
Adult ‘safety net’ benefits
Income Support – can ‘top up’ other benefits providing you fit into one of the groups that can qualify for Income Support, such as Carer’s Allowance, Statutory Sick Pay, Maternity Allowance. Can also be paid to some lone parents. Jobseeker’s Allowance (income-based) – if you have to “sign on” and look for work. Can top up Contribution based JSA or be paid alone. Pension Credit – for women and men aged over female pensionable age. Tops up Retirement Pension. Employment and Support Allowance (income-related) – replaced Income Support for sickness from 27th October 2008.
Children
Child Tax Credit – paid to all qualifying parents, whether in or out of paid work. Parents on ‘safety net’ benefits or with incomes below around £15,910 a year will get the maximum amounts.
Topping up low wages
Working Tax Credit – lone parents or those with disabilities who work over 16 hours a week; or couples where one works at least 16 hours a week, but they work 24 hours between then or those aged 25 and over and do not have responsibility for a child and do not have a disability providing that they work over 30 hours a week can claim this. Includes amounts for childcare costs. Housing Benefit – helps with the rent. Can be paid whether you are in paid work or not. You don’t have to be on Income Support to claim. Administered by the Local Authority on behalf of the Government. Council Tax Reduction Scheme – as for Housing Benefit, but helps with Council Tax bills. Many miss out, especially older people. Housing Costs – If you pay a mortgage (or certain other secured loans) you can get help within the adult “safety net” benefits above to pay the interest.
Housing Costs
One off payments from the “regulated” Social Fund
One off / short term payments Discretionary Assistance Fund; DWP – Budgeting Loans and Interim Payments Local Authority – Discretionary Housing Payment
These are single payments paid if you meet the conditions:
• Sure Start Maternity Grants. • Funeral Expenses Payments – to help with funeral costs. • Cold Weather Payments – An extra weekly amount triggered during very cold spells for those who qualify – e.g. you have a child under 5 or a disabled child and are on a safety net benefit. • Emergency Assistance Payments - for emergencies and disasters and will protect health and well being • Individual Assistance Payments - available in limited circumstances but being a ‘family under exceptional pressure’ counts. An expectant mother can be treated as being a ‘family’. • Budgeting Loans - interest free loan for one off items, but steep level of repayments. Can be reduced if you have other bills. • Interim Payments - while waiting for main benefits to come through. • Discretionary Housing Payment – to assist with a shortfall in your rent
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