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Disability Living Allowance. Jane Jane aged 65 finds it hard to get out of bed in the morning. She can’t dress properly because she has arthritis in her.

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Presentation on theme: "Disability Living Allowance. Jane Jane aged 65 finds it hard to get out of bed in the morning. She can’t dress properly because she has arthritis in her."— Presentation transcript:

1 Disability Living Allowance

2 Jane Jane aged 65 finds it hard to get out of bed in the morning. She can’t dress properly because she has arthritis in her fingers and probably as a result of that problems with her spine. She lives on her own and her step-son cooks for her on a weekly basis. He also does the house work and shopping. She gets very depressed with her health and wants some care support..

3 DLA – what is it Benefit for people with severe long term disabilities Intended to help with the cost of disability regardless of income –Non-contributory –Not taxable –Paid on top of other income or earnings

4 DLA - history Started in 1992 –Reports identified wide groups who were severely disabled but could not claim benefits –Had to wait until got worse or never get payment –Mooted idea of % disability claims – rejected. Before DLA – Attendance Allowance Attention and supervision Mental or physical disability –Mobility Allowance Hard to walk or dangerous to walk Physical disability

5 DLA – how it works DLA comprises two components: –the care component – –the mobility component Each component can be paid at different rates Claimant can get more than one component

6 Care Component Payable at one of three rates –High rate Day and night Terminally ill –Middle rate Day or night –Low rate Part of day or Cooking test

7 Mobility component payable at one of two rates –high rate Unable or virtually unable to walk Mental health Deaf and blind –low rate guidance

8 Entitlement Law –Social Security Contributions and Benefits Act 1992 –Social Security (Disability Living Allowance) Regulations 1991 Who for ? –People with disabilities Personal care Hard to walk around or Can’t walk –Terminally ill

9 Entitlement Non-disability test –Age –Qualifying period –Residence and presence –other Disability test

10 DLA care Day time needs Night time needs Concepts –Supervision –Attention –Watching over –Cooking

11 Care (day) (low) (a) he is so severely disabled physically or mentally that— he requires in connection with his bodily functions attention from another person for a significant portion of the day (whether during a single period or a number of periods); or ii) he cannot prepare a cooked main meal for himself if he has the ingredients

12 Care – day (middle or high) ( (b) he is so severely disabled physically or mentally that, by day, he requires from another person— (i) frequent attention throughout the day in connection with his bodily functions; or (ii) continual supervision throughout the day in order to avoid substantial danger to himself or others; or

13 Care – night (middle or high) (c) he is so severely disabled physically or mentally that, at night,— (i) he requires from another person prolonged or repeated attention in connection with his bodily functions; or (ii) in order to avoid substantial danger to himself or others he requires another person to be awake for a prolonged period or at frequent intervals for the purpose of watching over him.

14 DLA mobility

15 Disability test – mobility (high) a) he is suffering from physical disablement such that he is either –unable to walk or –virtually unable to do so; or

16 DLA - mobility (2) (a) he is both blind and deaf; and (b) he satisfies such other conditions as may be prescribed

17 DLA - mobility (3) (a) he is severely mentally impaired; and (b) he displays severe behavioural problems; and (c) he satisfies both the conditions mentioned in section 37ZB(1)(b) and (c) above (high rate care payment)

18 Mobility component (d) he is able to walk but is so severely disabled physically or mentally that, disregarding any ability he may have to use routes which are familiar to him on his own, he cannot take advantage of the faculty out of doors without guidance or supervision from another person most of the time.

19 Other benefits/issues Attendance Allowance Carer’s Allowance Effect on means-tested benefits

20 Jane Jane aged 55 finds it hard to get out of bed in the morning. She can’t dress properly because she has arthritis in her fingers and probably as a result of that problems with her spine. She lives on her own and her step-son cooks for her on a weekly basis. She also does the house work and shopping. She gets very depressed with her health and wants some care support..


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