Benefits for the person you care for

It's not possible to backdate a claim for DLA or AA, so it's important to make the claim as soon as the person claiming satisfies the rules for DLA or AA. Even if they have not yet satisfied the qualifying period, they can still make the application, although they will not be paid until the qualifying period, has finished.

The claim form is available from the local Jobcentre Plus office. Alternatively: 

• The Benefit Enquiry Line on 0800 88 22 00 (textphone 0800 24 33 55) can send a form out in the post. There's also an RNID Typetalk service. The Benefit Enquiry Line is open 8.30am to 6.30pm Monday to Friday, and 9am to 1pm on Saturday.
• You can request a form by using the postage-paid coupons found in information leaflets about DLA or AA. You can get these from advice agencies, post offices or GP surgeries.
• You can download a DLA claim form or download an AA claim form (PDF,194kb) from GOV.UK.

Helping someone to claim DLA or AA

It is possible to help someone else to complete the form. If they're too ill to sign the form, you can sign it on their behalf and explain why you have done so. If they are terminally ill, you may be able to make a claim on their behalf without them being aware that they are terminally ill. You may wish to do this if, for example, you're claiming for a terminally ill child.

The date of the claim

The date of the claim is important because this is the date that DLA or AA will be paid from if benefit is awarded. If the claimant contacts the DWP in writing, their claim can be backdated to the date when the DWP received the letter. If they call a Jobcentre Plus Office or the Benefit Enquiry Line or visit Jobcentre Plus in person, the claim can be backdated to the date they made the call or visit.

If the claimant gets their application form from elsewhere (for example, an advice agency), it will not be date stamped, so the date of the claim will be the date it reaches the DWP.

Returning the claim form

The claim pack should include a pre-paid enveloped with the relevant address on it. This will be a disability benefits centre for the region where the claimant lives.

The claim forms for Disability Living Allowance (DLA) and Attendance Allowance (AA) ask a lot of questions, but its important to take time when answering them, and provide as much relevant information as possible.

Its much quicker to complete the form if you have the right information before you start. The DLA and AA claim forms both ask about:

• the nature of the person's illnesses or disabilities 
• their medication and treatments
• if they're claiming under the special rules
• contact details for their GP or other healthcare professionals
• any aids or adaptations they use
• problems getting out of bed in the morning
• difficulties getting to or using the toilet
• needing help with incontinence
• needing help with washing, bathing or showering
• dressing and undressing
• problems getting around indoors
• falls
• difficulties with eating and drinking
• needing help with treatments or taking medication
• difficulties with communication
• needing help from another person to take part in hobbies or social activities
• needing someone to keep an eye on them
• any difficulties at night
• any time spent in hospital or a care home

In addition, the DLA form asks questions about:

• difficulties they have in preparing a main meal for themselves 

As much information as possible about each question should be provided, that is relevant to claimant.

Tips for completing the form

• Set aside plenty of time to fill out the form and provide as much detail as possible. The form is quite long, but it doesn't have to be done all at once.
• Try not to underestimate how much help a person needs, or their difficulties with mobility. If they struggle to manage tasks by themselves, then it would be reasonable to say that they need help, even if they're not getting it.
• Remember that the benefit is awarded on the basis of help the claimant needs from someone else, not on the basis of the disability or illness they have. Even if their illness is quite serious, the help they need with activities must be explained clearly.
• Give details of all the disabilities or health problems that the claimant has.
• Do not assume that the person making the decision about the claim will understand the particular condition and the needs for help with care or mobility. It's important to spell out what the claimant needs.
• It may be useful to think about activities that the claimant once took part in but that have now become difficult or impossible. You may also want to think about things they would like to do if they had help.
• If they're hoping to claim the high rate of mobility component, they'll need to be very precise about the distance they can walk before they start to experience severe discomfort. It's important not to guess the distance. If they don't have a good sense of distance themselves, they should get some help from someone else. Ask them to walk outdoors with them so that they can do an accurate measurement.
• Keep a copy of the form.

When making a claim for Disability Living Allowance (DLA) or Attendance Allowance (AA), it can be helpful to include medical evidence. This could include sending copies of any medical reports, prescription lists, care plans or other relevant medical information with the claim form.

Before someone claims, it's a good idea for them to discuss the claim with their GP, and make sure the GP knows about their current care needs and mobility difficulties. This is important because the GP may provide information as part of the claim process.

On the form, the person claiming will be asked for their GP's contact details, as well as contact details for any other healthcare practitioners they've seen, such as consultants, nurses or occupational therapists. They're also asked on the claim form whether they give their consent for the Department for Work and Pensions (DWP) to contact these people.

There's also a section of the claim form that asks for a "statement from someone who knows you". This section can be completed by anyone who knows about the claimant's health problems and how they're affected. It can be helpful if their doctor or other healthcare practitioner completes this section.

It's a good idea to make sure that the person completing this section is aware of exactly how the claimant's condition affects them, not just their medical diagnosis.

A decision on the claim will be made by a Department of Work and Pensions (DWP) decision-maker rather than a healthcare professional. The person claiming will be informed by letter.

How the decision is made

When making a decision about a claim, the decision-maker can look at guidance about illnesses and disabilities, called the A-Z of medical conditions.

If the decision-maker is unsure about the claimant's health and its effects upon them, they can:

• Contact the claimant's doctor or healthcare practitioner for more information.
• Telephone the claimant and ask for more information. If the claimant doesn't want that to happen it must be made clear on the claim form.
• Arrange for a medical examination to be carried out in the home of the claimant. This will be undertaken by a DWP-approved healthcare professional.

If the claimant refuses to have a medical examination without "good cause", the decision-maker can refuse the claim. When deciding whether good cause exists, the decision-maker must consider all the circumstances including the health of the claimant, the nature of their disability and whether they want to be examined by someone of the same gender.

The decision letter

The decision letter will state whether someone's claim has been successful. If it hasn't been successful, there'll be information about how to challenge the disability benefit decision. If the decision is to award DLA or AA, the letter will explain which rate will be awarded and the date from which it will begin.

The award may be for an indefinite or a fixed period of time. For DLA, the minimum award is usually six months, but there is no minimum for AA.

If the award is for a fixed period, the claimant will be asked to renew the claim several months before it's due to expire. It's important that they return the renewal form before the old award expires to avoid losing the benefit.

Checking awards

Each year, a sample of awards are looked at again to check the quality of decision-making. If the someone's claim is checked, they will be sent another form, which must be completed and returned within three weeks. If they need more time, they should explain why, to avoid payment being suspended or terminated.

Some people are exempt from these checks. These include people who have a fixed period award that is due to end within three years, or people who receive a high-rate mobility component as well as a high-rate care component, and have certain ongoing conditions such as cystic fibrosis, dementia or Parkinson’s disease.

If the claimant is refused benefit, the letter will tell them they have a right to appeal the decision or to ask for it to be looked at again. In both cases, the claimant will normally have just one month to take any action.

The DWP can ask for a medical examination to be carried out because:

• it wants more information in order to decide about someone's DLA or AA claim
• it wants to check that they're getting the right amount of benefit
• they're renewing a claim that has been awarded for a fixed period of time

The doctors who carry out medical examinations are supervised by Medical Services, which organise the medical examinations on behalf of the DWP.

A medical examination will normally take place in the claimant's home. However, it can be held at a medical services examination centre near where they live. They should be given at least seven days notice of the examination. If they can't attend the medical examination, they should let the DWP know this as soon as possible.

The claimant can have a friend, relative, support worker or carer with them at the examination. They can also ask for an interpreter to be present and to be examined by a doctor of the same gender. They should notify the DWP of these requests as soon as possible.

Before an examination, the person being examined should:

• get together details of any medication they take or treatment that they're receiving
• make sure that any aids that they use are at hand
• think about the care needs and mobility difficulties that they have.

During the examination

The doctor will ask the claimant questions about the type of help they need with personal care as well as any problems they have with mobility. If you're accompanying someone, listen carefully to their responses. If you think that they may be overestimating what they can do or underestimating their care needs, raise this with the doctor at an appropriate moment.

The doctor may want to physically examine the claimant. If the claimant has any concerns about this, or he or she experiences any discomfort while being examined, it's important that they make this clear to the doctor.

On the day of the examination, if the claimant is feeling better than is normally the case, or worse than normal, they should explain this to the doctor.

After the examination

After the examination, the doctor will prepare a medical report and send it to the DWP. The report is taken into account when the decision-maker makes their decision about the claim.

If the claimant is not happy about the way the medical examination was carried out, they can make a complaint.

If the complaint is about the conduct of the doctor, the claimant should write to the medical services centre at the address stated on their appointment letter. They should receive a full response within 20 working days. The complaints procedure is outlined in the letter they received informing them of the date of the medical examination.

If the claimant is unhappy about DLA or AA not being awarded, or is awarded at a lower rate than he or she thinks they're entitled to, they should either ask the DWP to look at the decision again or they can appeal the decision.

The rate of benefit paid will depend on the level of care and or mobility component awarded. The current rates for 2011/12 are as follows:

Disability Living Allowance care component

Highest rate: £77.45
Middle rate: £51.85
Lowest rate: £20.55

Disability Living Allowance mobility component

Higher rate: £54.05
Lower rate: £20.55

Attendance Allowance

Higher rate: £77.45
Lower rate: £51.85

How often DLA and AA are paid

DLA and AA are paid into an account every four weeks in arrears. The normal payment day is Wednesday for DLA and Monday for AA. DLA is paid every four weeks, and AA weekly if it's paid by cheque. If the person you're looking after is being paid under the special rules, DLA or AA can be paid weekly.

In addition, if someone spends part of the week in hospital or residential care, DLA or AA can be paid based on a daily rate for the time they're out of hospital or residential care.

Dealing with someone else's benefits

If the DLA or AA claim is for someone else you may need to deal with it on their behalf. Most banks and building societies have systems that allow you to access another person's account with their permission. Contact the account provider for instructions on how to do this.

If someone has difficulties in dealing with benefit claims, they may want to consider having an “appointee”. This could be a carer, friend, relative or a solicitor.

An appointee takes on all the responsibilities of the benefit claimant, such as ensuring that claims are made on time, and that the Department for Work and Pensions (DWP) is notified about any change of circumstances.

Contact the DWP office dealing with the person's claim to arrange an appointeeship. If the claimant gets other benefits from the DWP, the appointee will become responsible for these too. Housing Benefit and Council Tax Benefit appointeeships are dealt with by the claimant's local authority.

If someone is not able to open or manage an account, the DWP may be able to pay them by cheque, which can be cashed for them.

If someone hasn't received their benefit, the first step is to contact the disability benefits centre that deals with their claim, and find out why they haven’t been paid. The contact details of the disability benefits centre are printed on any letter sent about their Disability Living Allowance (DLA) or Attendance Allowance (AA).

Delays in payment

When a person has been told that they're entitled to DLA or AA but there is some problem in getting the payment to them, they may be entitled to an interim payment. These are temporary payments until the benefit is actually paid. If the delay is causing hardship, the claimant should make that clear to the DWP. If they're refused an interim payment, they could make a complaint or contact their MP to see if they can help get the decision changed.

Lost payments

If someone's payment has been lost, they will need to ask for a replacement to be issued as quickly as possible. If they are told there would be any delay, they can ask for an interim payment to avoid any hardship.

Suspended payments

There are circumstances in which benefits payments are suspended by the DWP. These include:

• The person claiming has been asked to supply further information or evidence and didn’t provide this within the given time period.
• The DWP could be reconsidering whether or not the person claiming is entitled to the payment.
• The DWP believe they have overpaid the person who is claiming, and they're suspending payment while they investigate.
• The person claiming has refused to attend a medical examination. They will be given a second chance to attend if they failed to do so the first time. But after that, their benefit could be suspended unless they manage to persuade the DWP that they had a very good reason for not attending. If they're unable to attend a medical examination, they should contact the DWP in advance to explain why.

If the benefit payment has been suspended, the person claiming it could ask for an interim payment of benefit, or they could contact the DWP to explain that the suspension of benefit will cause hardship. In extreme cases, it may be possible to get legal help to challenge the decision in court.

End of entitlement

The person claiming the benefit may have received a letter telling them that their benefit entitlement has come to an end, not just that it's been suspended for a period of time. If they disagree with this decision, they have a right to appeal or ask the DWP to look at the decision again.

If someone who’s getting Disability Living Allowance (DLA) or Attendance Allowance (AA) has a change in their condition that means their personal care or their mobility needs change, they may need to tell the Department for Work and Pensions (DWP). This is because the change could mean that they should be getting more or less benefit.

Example

Dan was paid DLA because arthritis in his kneecap gave him severe problems walking outdoors. Two years after the benefit was first paid he had an operation to replace his kneecap, and this has made a huge difference to the way he walks. He can now walk much further when he is outdoors, and he doesn’t feel pain or the need to take frequent rest stops.

This is a change in his condition, which may mean that he no longer qualifies for the mobility component of DLA, therefore it will need to be reported.

If you think there's been a change of circumstances

If there’s a change in someone’s condition that could affect their benefit, they must tell the DWP as soon as possible.

However, it can sometimes be difficult for the person you're looking after to tell whether they're just having a bad (or good) spell, or whether there's a more long-term change in their condition. If they suspect some significant change, it may be helpful to take the following steps:

• Talk to their GP as soon as possible to discuss the change in their condition, and whether it’s likely to be permanent. If someone’s condition seems to be worsening, the GP may be able to suggest some treatment that could help. If their condition is improving, their current treatment may no longer be appropriate. 
• Keep a diary of care needs and/or mobility problems. This could make it easier to see whether someone’s condition is changing over the long-term, or if they’re having good and bad days.
• Ask family and friends if they have noticed any changes. Changes in a person’s condition often happen gradually and may be more obvious to someone who doesn’t see them every day.

How do you report a change?

To report a change, you (or the person you care for) need to contact the Attendance Allowance Unit or Disability Living Allowance Unit in writing (at Warbreck House, Warbreck Hill Road, Blackpool, Lancashire, FY2 0YE) or by telephone 0845 712 3456 (textphone: 0845 722 4433) and give them details of the change in their condition. A letter is better, so that there's a record of the date they were told about the the change.

What happens after the change is reported?

• If someone's condition has got worse, they may become eligible for a higher rate or a different component of benefit. They will receive the extra benefit once the change in their condition has existed for the qualifying periods, which is either three months (for DLA) or six months (for AA).
• If someone's condition has improved, their entitlement to benefit will have to be stopped, or the rate they receive the benefit reduced. In that case, the benefit is normally reduced from the date they told the DWP about the change, unless the change was earlier.

What if someone has a relapse?

If their DLA was reduced (or if it stopped completely) and they have a relapse within two years, they may be able to go back to the original rate of benefit. If they're over 65 they have just a year to reclaim the original rate of DLA they were getting. If it's longer than a year, they may be able to claim AA instead.

Hospital stays can affect someone's entitlement to Disability Living Allowance (DLA) or Attendance Allowance (AA). The rules below apply to people getting care in an NHS hospital, or hospital care that's funded by the NHS. If someone gets private hospital care, their DLA or AA won't be affected.

For adults, DLA or AA stops after 28 days in hospital. When someone leaves hospital, they'll be able to start getting the benefit again. However, if the person you look after goes back into hospital within 28 days of leaving hospital, the two periods they're in hospital are added together and treated as one period.

When counting up the days in hospital, the day someone goes into hospital and the day they come out of hospital are not counted as part of the 28-day limit.

For children under 16, DLA will only be stopped after they stay in hospital for 84 days.

For more information, see going into hospital or the Age UK leaflet on going into hospital (PDF, 567kb).

Example

Pat receives AA and she's going into an NHS hospital on June 1 and expects to stay as an “inpatient” for about three weeks. She was previously in hospital for 10 days in mid-May.

Pat may not be in hospital in June for as long as 28 days, but because she had an earlier week’s stay in May, that period of time will be added to the current stay when her entitlement to AA is calculated.

In May, Pat went into hospital on Sunday May 6 and came out of hospital on Wednesday May 16.

She will not be counted as a patient (for DLA and AA purposes) on the Sunday she went into hospital and the Wednesday she came out. So those days don’t count towards the 28-day limit.

Common questions

The person I'm looking after has a “Motability” agreement. Will their DLA mobility component stop?

No. If they had a Motability agreement when they went into hospital, their mobility component will continue even if they're in hospital for more than 28 days. For more on this, see Motability.

Would DLA or AA be affected if someone who is terminally ill goes into a hospice?

The benefit could continue if the hospice is independent rather than part of the NHS.

When will benefit restart after the person I'm looking after leaves hospital?

It would normally restart on the first payday following their discharge from hospital.

The person I'm looking after is coming out of hospital but expects to go back within 28 days. What should they do?

If their stay at home is likely to be short, they could ask the Department for Work and Pensions to pay them on a daily rate for the days they're at home.

Care home stays can affect someone's entitlement to Disability Living Allowance (DLA) or Attendance Allowance (AA) and then goes into a care home, these benefits may be affected.

People paying their own care home fees will not lose any DLA or AA. Paying for your own care is called “self-funding”. Even if someone uses their pension or other benefits or receives help from their family, they would count as self-funding if they do not get any help from their local authority.

If someone’s local authority is paying towards their care home fees, they will normally stop getting AA, or the care component of DLA, after 28 days in a care home. However, if someone’s local authority is only helping with their fees temporarily while they try to sell their house, they’ll be able to continue getting AA or the care component of DLA. This is because they’ll be paying back the money that the local authority spent on the fees.

If someone gets the mobility component of DLA they can continue to get this while in a care home.

Common questions

What counts as a care home?

This includes any establishment which provides both accommodation and nursing or personal care. It could include homes for older people or various types of accommodation for younger people, including those with learning disabilities or mental health problems.

The person I care for is terminally ill – will their DLA care component or AA stop after 28 days?

If the person you are looking after is in an independent hospice (which is not part of the NHS), their DLA or AA could continue.

If the person I care for knows they are going to go into residential care, is there any point in them claiming DLA or AA?

Yes, it could still be worth making a claim if the person you are looking after qualifies for DLA or AA. They could be paid for any temporary periods of time when they return to their own home or go to stay with their family, even if it can’t be paid for the days they are in residential care.

The person I care for receives NHS “continuing care” funding to pay the residential care fees. Will they continue to receive DLA or AA?

If the NHS is paying the fees and the person you are looking after does not make any contribution themself, the rules about receiving DLA or AA in hospital are the ones that will apply.

I’m confused about who funds the care of the person I look after – how can I find out about this?

You may need ask their social worker, if the person you are looking after has one, or the manager of the residential care home.

It is possible to work while getting Disability Living Allowance (DLA) and Attendance Allowance (AA) can be paid if you're in work. Earnings won't affect a DLA or AA claim.

Working will only affect someone's claim if there's been a change in their condition. If someone starts work because of a reduction in their care needs or their walking difficulties, then they will need to tell the DWP, as this could affect their benefit. However, working won't affect someone's claim if their condition hasn't changed but they're getting appropriate support that enables them to work.

Also note that if someone's care needs have increased because they have started to work, the DWP can be asked to look at the claim again, as they may be entitled to more DLA or AA.

Example

Rupinder has been awarded DLA. She has severe arthritis in her knees and shoulders, and a bad back. She can't walk far without feeling pain in her back and knees. Sitting for a long time cause pain in her back. She's been offered part-time work as an administrator.

Rupinder’s husband can drive her to and from work. Her employer has agreed to buy her a specially adapted supportive chair and an adapted computer that will allow her to sit for longer than usual and use the computer without pain. Her employer has agreed that she can take regular breaks because moving regularly for short periods reduces the pain she feels when sitting for extended periods. Rupinder is able to work because of these adaptations and flexible working practices. Her care needs have not lessened in any way, and she still has an entitlement to DLA.

Points to consider if someone's entitlement to DLA or AA is reviewed because of work:

• Try to identify if any of the tasks involved in the job might seem to conflict with the care needs and mobility difficulties that were outlined in the DLA/AA claim form. Often, if a full explanation is given, what at first seemed like conflicting information can be seen as consistent.
• Think about the arrangements at work or the work environment that make it possible for themto work. Is the travelling easy? Do they have a helpful employer? Can they change their hours or work from home?
• Do they need any adjustments or adaptations to make working possible?
• If there's been a permanent reduction in someone's care needs or walking difficulties, this should be reported to the DWP.

It is possible to study while getting Disability Living Allowance (DLA) and Attendance Allowance (AA).

Studying will only affect someone’s claim if there’s been a change in their condition.If someone has become a student because of an improvement in their health or because they're able to cope better, then they will need to notify the DWP.

Remember, if someone's care needs increased because they have become a student, the DWP can be asked to look at the claim again as they may be entitled to more DLA or AA.

When trying to decide whether the DWP should be told someone's studying, think about the following points:

• What support are they receiving?
• Has their health improved, or are they able to study because of the support they're getting?
• What difficulties were put on the DLA/AA claim form?
• Does studying, at least on the face of it, suggest that they no longer have these difficulties? Often, if a full explanation is given, what at first seemed like conflicting information can be seen as consistent.
• If they have to travel to study, do they still have the same mobility problems outlined in the claim?

Example

Tom has been awarded DLA. He has multiple sclerosis and, among other things, has poor vision, poor mobility and periods of exhaustion.

He wants to do a full-time university degree, and will need to travel some distance to get to college and back.

If Tom’s DLA entitlement is looked at again he may have to explain why he can cope with what appears to be a strenuous daily routine and yet still has care needs and difficulties with mobility and vision. On face value, it may seem that his condition has improved or even that he should not have got DLA in the first place.

However, in Tom’s case, the facts are that the university is fully aware of his difficulties and that he has permission to study from home if necessary. He has adjusted his daily routine to take account of the extra pressures by going to bed very early and having a lot of rest at weekends. His father drives him to and from university. Tom’s care and mobility needs have not lessened in any way, and he still has an entitlement to DLA.

Points to remember if someone's entitlement to DLA or AA is reviewed because of studying:

• Make sure that the college or university knows about their health problems of the person you look after. They may need support from the college or university if the DWP questions their entitlement.
• Most colleges or universities have policies about the assistance they can give students with disabilities. This can be useful information to give to the DWP.
• Any adjustments or adaptations needed to complete the course would also be relevant information.
• If someone's health has improved, this is something that should be reported to the DWP.