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27 October 2011
If there is a question that you have been puzzling over why not suggest a faq.
Q1. Where can I get advice on benefits?
Q2. How do I find out what I can claim?
Q3. How can I find out about a particular benefit?
Q4. How do I find out how to claim a particular benefit?
Q5. Where can I find out benefit rates?
Q6. What is the habitual residence test?
Q7. What happens to my benefits if I go into hospital?
Q8. Which benefits are taxable?
Q9. What is local housing allowance?
Q10. Does severe mental ill-health affect the amount of council tax benefit a person is entitled to?
Q11. What will happen when my disability living allowance (DLA) award ends?
Q12. How does my savings affect my benefits?
Q13. What is voice risk analysis?
Q15. Can I complain about how my claim for benefits was handled?
Q16. Can I complain about my medical?
Q17. How is mortgage interest worked out when I claim for housing costs?
Q18. Where can I find legal representation to help me with my upcoming appeal?
The best way to get advice on benefits is to go to a local advice centre in your area, such as a local Citizens Advice Bureau.
The homeless uk website has an excellent "services" search facility which enables you to search, by area, for agencies providing benefits and debt advice (be sure and type benefits in the "text" box).
Disability Alliance has also produced Factsheet F15 - finding a local advice centre. which you can download.
You can get advice on claiming at a local advice centre in your area, such as a local Citizens Advice Bureau (see Q1). You can also see information about benefits on our what you can claim pages.
You can find out information about a particular benefit on our what you can claim pages.
You can find out how to claim a particular benefit on our what you can claim pages.
You can view benefits and tax credits rates on our benefit rates page.
You can also find out information about the rates for individual benefits (and tax credits) from our information on all benefits in alphabetical order page.
If you claim income support, income-based jobseeker's allowance, income-related employment and support allowance, pension credit, housing benefit or council tax benefit you have to be 'habitually resident' in the UK, and have the right to reside to get them.
You can find out information about the habitual residence test by selecting the appropriate benefit from our page showing information on all benefits in alphabetical order.
Our Factsheet F7 - benefits in hospital details how your benefits will be affected if you go into hospital.
You can see a full list of all taxable benefits on our website.
Local housing allowance (LHA) is a set amount of housing benefit paid if you are in private rented accommodation. The amount you get depends on:
If your LHA is less than your rent you are expected to make up the shortfall or seek cheaper accommodation.
The LHA scheme applies throughout the United Kingdom, but operates differently in Northern Ireland. You can find out more information about LHA from our Factsheet F44 - housing benefit.
You may be able to get a council tax discount or your accommodation may be exempt from council tax altogether if you are considered to be severely mentally impaired. To find out more about this see our Factsheet F43 - help with council tax .
When your current DLA ends you will be sent a renewal claim pack about six months before your claim is due to end. You must complete the pack in as much detail as possible, as carefully as you would the claim form.
It is also a good idea to speak to your GP about your condition. The Department for Work and Pensions often write to doctors asking for information in renewal cases so it pays to keep your GP up to date about how your condition is affecting your everyday activities.
You should also supply any additional information in support of your claim. This could include reports written by occupational therapists, social workers or other professionals.
It is also a good idea to contact an independent advice centre, where you can get help with completing the form and gathering evidence.
The homeless uk website has an excellent "services" search facility which enables you to search, by area, for agencies providing benefits and debt advice (be sure and type benefits in the "text" box).
Disability Alliance has also produced a factsheet entitled Finding a local advice centre.
This depends on the benefit that you are claiming. For information about how your savings are affected when you claim income support, income-related employment and support allowance, income-based jobseeker's allowance, housing benefit or council tax benefit see our capital rules for means tested benefits page.
For information about how other benefits are affected see our capital rules other than for income support, income-based jobseeker's allowance, housing benefit and council tax benefit page.
Voice risk analysis (VRA) is a system which uses computer software to analyse your voice when you are contacted by someone in relation to your benefit. It has been piloted by local authorities and the DWP. Following these pilots the DWP has abandoned plans to implement VRA nationally. For more information on this see our Factsheet F56 - voice risk analysis and benefit claims.
The European Court of Justice has ruled that the care component of disability living allowance (DLA), attendance allowance (AA) and carer’s allowance (CA) can be paid to people who move from the UK to another country within the European Economic Area.
You can find out more information on claiming disability benefits if you live in another European country and taking disability benefits to other European countries on the DirectGov website at www.direct.gov.uk. The Department for Work and pensions has also issued guidance (DMG memo 28/10) on this.
From 31st October 2011, the Social Security (Disability Living Allowance, Attendance Allowance and Carer’s Allowance) (Miscellaneous Amendments) Regulations 2011 (SI 2011/2426) enables claimants on attendance allowance, carer’s allowance or the care component of disability living allowance, whose claims were disallowed following their move to another European Economic Area (EEA) State or Switzerland prior to 18 October 2007 (the date of the European Court ruling), to be paid benefit from the first benefit week after that date.
The DWP has issued guidance on these regulations (Memo DMG 27 /11).
The Independent Case Examiner (ICE) deals with complaints about the Disability and Carers Service, Jobcentre Plus, the Pension Service and the Northern Ireland Social Security Agency. The sort of complaints the ICE can look at are:
The ICE cannot deal with complaints or disputes on matters of law. If you are complaining about a benefit decision see our Factsheet F36 - reconsideration and appeal - the basics.
For more information see the Independent Case Examiner website at www.ind-case-exam.org.uk/.
You can complain about how your medical was conducted using the comments, complaints and suggestions form, produced by Atos Healthcare and available at your examination centre. Alternatively you can telephone 0113 2309175 or email customer-relations@atoshealthcare.com. You can also make your complaint on the Atos Healthcare website.
Since 1 October 2010 the standard interest rate used to calculate Support for Mortgage Interest payments will be set at a level equal to the Bank of England’s published monthly Average Mortgage Rate.
You can find this rate on the Bank of England website.
Look in the first tab of Table G.1.4 under the heading “CFM”, column “HSDE”. Once a rate has been assigned it will only change when the Bank of England publishes an average rate that differs from the standard rate by 0.5% or more. The law for the standard interest rate is SI 2010/1811.
For information on legal representation see Factsheet F15 - finding a local advice centre.
Within the benefits and tax credits systems there are 6 main tests of disability:
In addition to the benefits system there are two further definitions in use:
Besides these main tests of disability, there may be other criteria you must satisfy to get a particular benefit or service. Details of these and all the tests above are provided in our disability rights handbook.
If you satisfy the rules for both carer’s allowance and disability living allowance you can claim both benefits. If you are awarded middle or higher rate disability living allowance care component you may also be able to claim a means tested benefit, such as income support, income related employment and support allowance, pension credit, housing benefit or council tax benefit. If you are already on these benefits you may be paid them at a higher rate if you are awarded middle or higher rate disability living allowance care component. You should get advice on this. For more information see Factsheet F15 - finding a local advice centre.
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