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This factsheet is a basic overview of attendance allowance. You can find out more detailed information in our DLA/AA - a guide to making a claim, available at www.disabilityalliance.org/claimaadla.htm.
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You can claim attendance allowance (AA) if you are disabled, are aged over 65 and need help to look after yourself. There are two rates of payment, a lower rate and a higher rate. AA is tax free and not means tested.
You can can still get AA if you are not actually receiving any help to look after yourself. The amount of savings you have does not affect your AA.
To receive attendance allowance you usually must:
For the disability test for lower rate attendance allowance you must satisfy one of the following conditions:
For the disability test for the highest rate DLA care component you must satisfy either of the following:
needs - This is help that is reasonably needed, not what is given, nor what is medically essential. This is help to lead as normal a life as possible. This includes help you need outside your home. For example you can be given help to do your own shopping or to take part in "reasonable" social activities.
frequent - Means more than twice.
attention - This is help of an active nature required to be given in your physical presence. This can include help given to you to wash, dress or to go to the toilet. It can also be more indirect help such as signing, reading aloud or prompting and encouragement.
throughout - This means spread over the day.
bodily functions - These include hearing, eating, seeing, washing, reading, communicating, walking, drinking, sitting, sleeping, dressing or undressing, using the toilet, shaving, shampooing, help with medication and thinking.
continual - Means regular checking but not non stop supervision; does not have to be constant.
supervision - This is watching over, ready to intervene.
substantial danger - The danger must be real, not just remotely possible.
prolonged - Means some little time (at least 20 minutes).
repeated - Means two or more times.
night - This is when the household has closed down for the night. It is generally the time when an adult is in bed but must be more or less within nighttime hours - generally between the hours of 11pm and 7 am.
terminally ill - You are terminally ill if you are suffering from a progressive disease where death can be expected within 6 months. Since 25 September 2006 an award made because you are terminally ill will be for a fixed period of three years. After that period it will be reviewed.
You will need to have satisfied the disability tests for six months before you will be paid. This rule does not apply if you are terminally ill.
You must not be subject to any limitation on your right to stay in this country, such as a limitation on working or claiming benefits. There are exceptions to this rule, for example if you have refugee status or exceptional leave to remain or are a European Economic Area (EEA) national.
If you claim attendance allowance you also have to satisfy the residence and presence test. For this you must:
Ordinarily resident is not defined. It is taken to mean the place where you normally live for the time being if there is a degree of continuity about your stay and it can be described as being settled.
Present means physically present in the UK.
If you are terminally ill you do not have to satisfy the presence test though you must still be ordinarily resident in UK.
If you go abroad to live in an EEA country and your AA is exportable you do not have to satisfy the residence and presence rules.
If you go abroad but intend to return you can continue to be paid attendance allowance for the first 26 weeks of your temporary absence. This time limit can be extended if you are being treated for an illness or disability that began before you left Great Britain and the Secretary of State agrees that it is consistent with the proper administration of the benefits system to pay you for a longer period.
Normally If you intend to live abroad permanently your attendance allowance will stop from the date you leave this country. However you can continue to get your AA if you go abroad to live in an EEA country and your benefit is considered to be exportable.
On 18 October 2007 the European Court of Justice ruled that attendance allowance can be paid to people who move from the UK to another country within the European Economic Area (EEA).
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.
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) available at www.dwp.gov.uk/docs/m-27-11.pdf.
Weekly lower rate attendance allowance - £49.30
weekly higher rate attendance allowance - £73.60
You can call the Benefit Enquiry line and ask for a form AA1. The number is 0800 88 22 00 (textphone: 0800 24 33 55). If you return the completed form within six weeks it will be backdated to the day you requested it.
To claim Attendance Allowance online or to download a form, please go to Directgov at www.dwp.gov.uk/eservice.
The Benefit Enquiry line in Northern Ireland is 0800 220 674 (textphone: 0800 243 787). You can also download a claim form or claim online by going to www.nidirect.gov.uk.
You can get help and information at your local advice centre, such as a Citizens Advice Bureau. You can get more information about where to get personal advice from our Factsheet F15 - Finding a local advice centre.
If you are considering claiming adult AA see our publication DLA/AA - a guide to making a claim.
This guide will provide you with the information you need to make your claim with confidence. Written for disabled people considering making a claim, it is also an invaluable tool for professionals who advise disabled people.
Disability Alliance has also produced a digest of disability living allowance and attendance allowance case law summaries available at www.disabilityalliance.org/digest.htm.
You can find out more detailed information about all aspects of AA in our Disability Rights Handbook.
All our publications are available at www.disabilityalliance.org/shop.htm. You can also place an order by contacting Disability Rights UK on 020 7247 8776 (this is not an advice line) or by fax on 020 7247 8765. All our factsheets are available at www.disabilityalliance.org/fact.htm.
Radar runs a National Key Scheme (NKS) which offers disabled people independent access to locked public toilets around the country. Toilets fitted with National Key Scheme (NKS) locks can now be found in shopping centres, pubs, cafés, department stores, bus and train stations and many other locations in most parts of the country. For more information see www.radar-shop.org.uk.
8 December 2011
