Presentation to ADHD Parent Support North West Glasgow Robert Hinds – Welfare Rights Officer 9 Feb 2016

Disability Living Allowance

DLA for Children What is it ? A non means tested benefit (this means it doesn’t matter how much income or capital you have ) Paid if child has an illness or disability and you meet certain conditions Assists with additional costs created by disability However no restrictions on what you spend the money on

DLA for Children It is helpful if the child has a diagnosis but a lack of one does not prevent a claim Paid in 2 components: Mobility and Care 2 levels of mobility: low and high 3 levels of care: low, middle and high Can qualify for one component or both In addition to DLA monies an award of DLA can give access to other monies in benefits and tax credits ( a variety of disability additions and access to Carers Allowance, motability and the blue badge)

DLA for Children: Age rules Mobility component paid from: –Age 5 years (if you quality for low level) –Age 3 years (if you qualify for high level) Care component paid from age 3 months (all levels) When child reaches 16 they will be contacted to make a claim for PIP (Personal Independence Payments) to replace their DLA

DLA for Children: Mobility Tests Low Mobility (aged 5+) is given if: Child can physically walk but As a result of a physical or mental disability they need guidance or supervision outdoors most of the time (Need to show that the child needs substantially more guidance or supervision than a child of the same age would require or that a child of the same age would not require such guidance or supervision)

DLA for Children: Mobility Tests High Mobility (aged 3+) is given if: As a result of a physical disability either cannot walk or has great difficulty walking looking at distance, ( it’s not where the child stops but rather where they develop severe discomfort) speed, manner, or has a severe visual impairment or deaf and blind, or is entitled to high rate care and are severely mentally impaired with extreme behavioural problems (this is not a mental health issue rather it is aimed primarily at severe autism or learning disabilities)

DLA for Children: Mobility Tests Severe mental impairment what does it mean? A state of arrested development or incomplete physical development of the brain, which results in severe impairment of intelligence and social functioning and They exhibit disruptive behaviour and Regularly require another person to intervene and physically restrain them to prevent them causing physical injury

DLA for Children: Care component Tests Low rate: Child requires attention with bodily functions for a significant portion of the day (as little as an hour) Middle and High rates: day test : Frequent attention throughout the day in connection with bodily functions or continual supervision throughout the day in order to avoid substantial danger Night test: Need prolonged or repeated attention or another person to be awake for a prolong period

DLA for Children: Care component Tests Attention: This can be physical or verbal assistance/intervention (it’s not that the child gets it but do they need it) Bodily functions: Getting in or out of bed, getting washed and dried, getting dressed and undressed, using the toilet, taking medication, communicating, help with therapies Continual supervision: This isn’t every moment rather it means frequent and regular and the risk of danger can not be to remote

DLA for Children: Care component Tests ‘Frequent’ : several times not once or twice ‘Prolonged’ : at least 20 mins All children require attention or some degree of supervision so to qualify for DLA care component you need to show that the child’s needs are substantially in excess of what a child of the same age without a disability would require

Disability Living Allowance How do you claim? Can phone DLA helpline who will send you a form or textphone Or Download form from gov.uk If phone for form the claim starts from that date if you download a form it starts from date received

Disability Living Allowance:Assessment of claims Any evidence you can supply in support of your claims will be useful ( including medical reports or reports from the school) The DWP can also send a healthcare professional to do an assessment on the child’s problems Remember however it is not a doctor who will decide on entitlement rather it is a DWP decision maker based on the evidence they have

Carers Allowance

Benefit for Carers (can be parent, friend or sibling) Who spend at least 35 hrs per week caring (cannot be averaged out) for person who receives qualifying benefit such as: DLA Care component middle or high rate or AA any rate or PIP Daily Living component Paid at a rate of £62.10 per wk

Carers Allowance No capital rules (so doesn’t matter what you have in the bank) Can claim and work but must earn no more than £110 per wk after tax, NI and half an occ pension If you have a partner and they work their earnings do not count In certain circumstances Carers’ Allowance claimants will not receive the £62.10 per wk but rather an addition of £34.60 in other benefits

Carers Allowance What counts as caring? Caring is not actually defined in law Preparation /clearing up could count Shopping for food and cooking Supervision General assistance

Carers Allowance How do you claim Carers Allowance Claim form DS700 from: - Jobcentre Plus Offices or text phone or text relay Complete form online or downloaded - Completed form to: Carers Allowance Unit, Palatine House, Lancaster Road, Preston, PH1 1HB

Disputing benefit decisions

Disputing DWP decisions Dispute decision if unhappy with it (DWP and HMRC) Step 1 request reconsideration of decision (1month) in writing or over phone You can be late to dispute the decision up to further 12 months but need good reason for lateness DWP will re look at case and issue a mandatory reconsideration notice (no time limit on DWP) If still unhappy claimant can take 2 nd step

Disputing decisions Step 2: If still unhappy, you can appeal (must be in writing) In Scotland you send them to HMCTS, SSCS Appeal Centre, PO Box 27080, Glasgow, G2 9HQ When lodging appeal must attach mandatory reconsideration notice Appeals packs fully explain process glasgow.gov.uk/appealspack Guaranteed representation if you live in Glasgow

Accessing Services If you receive a social work service, contact worker who may make referral to a Welfare Rights Officer You can contact GAIN (Glasgow Advice and Information Network) on or at Some Housing Associations and charities provide Welfare Rights services Your ADHD group can help