Benefits for Children with Additional Needs

Transcription

1 Benefits for Children with Additional Needs APRIL 2006 This Fact Sheet, produced by Scottish Borders Council's Welfare Benefits Service, gives information to parents and carers of children who have a disability on some of the social security benefits and other assistance which may be available to them. It is a general guide only and should not be treated as a statement of the law. Rates of benefit quoted are correct from April We use the word 'disability' to include any illness or medical condition which your child may have. Disability Living Allowance (DLA) Benefits for the Child You Look After Disability Living Allowance (DLA) is based on the level of help your child needs because of their disability. It does not matter what your own income is. If your child is awarded DLA, it is not taken into account as income for any means-tested benefits such as Income Support or Housing Benefit that you may be claiming, and in most cases the level of means-tested benefit payable may be increased. There are two different components to DLA - a Care Component for children who need help with personal care and/or supervision to safeguard themselves or others; and a Mobility Component for children who have difficulty with walking. 'Difficulty with walking' includes situations where your child is physically able to walk but requires supervision or guidance when out of doors. Entitlement may be to either or both components of DLA. The Care Component is payable at three rates depending on the level of care and/or supervision that the person needs: The higher rate of per week is payable for a child who needs help and/or supervision both during the day and throughout the night; The middle rate of per week is payable for a child who needs help and/or supervision either during the day or throughout the night; The lower rate of per week is payable for a child who needs help 'for a significant portion of the day' (around 1 hour in total). If the child is 16 or over the lower rate can also be paid if s/he cannot cook a main meal for him/herself. The Mobility Component is payable at two rates depending on the nature of the difficulty that your child has with getting about: The higher rate of is payable for a child who satisfies one of the following: unable to walk; virtually unable to walk, because of severe discomfort; the exertion required to walk would be a risk to their health; blind and deaf; a double amputee (or without both feet); is severely mentally impaired and has severe behavioural problems and meets the criteria for the highest rate of Care Component. 1

2 The lower rate of is payable for a child who is able to walk but who requires guidance or supervision from another person most of the time when walking out of doors e.g. a child who has learning difficulties and who has no other walking disability. DLA for children under 16 Where the claim for DLA is for a child under the age of 16, there is an additional test that must be satisfied. This means that you must be able to show that your child's need for help or supervision with their care needs, or their difficulty with walking, is substantially greater than for a child of the same age and sex who is not disabled. You may find it helpful to compare the type and frequency of care or assistance which you require to give to the child who has special needs, as against the needs of a brother or sister or some other child you know. Other rules for DLA In most cases, your child must have required the care and/or supervision, or needed assistance with mobility for at least three months. In addition, they must be likely to continue needing this level of help for at least six months after. This means that the Care Component will not usually be payable until the child is at least 3 months old, although you may submit the claim before then. The Mobility Component at the higher rate is payable from your child s 3 rd birthday, but the lower rate component cannot be paid until the child is at least 5 years old, although the claim may be submitted in the weeks leading up to the relevant birthday. How to Claim DLA DLA is claimed using a 'self-assessment' form. Claim packs are available from the Jobcentre Plus office or by calling the Benefits Enquiry Line on FREEPHONE The form will be stamped with the date it is issued, and you will have 6 weeks in which to return it. Your claim will then be treated as if it had been made on the earlier date. Claim packs are also available from your local Citizens Advice Bureau. The Benefits Enquiry Line can help to complete the claim form (FREEPHONE number above). If you prefer, you can request a home visit by a doctor, instead of completing the second part of the form, or alternatively, contact the Welfare Benefits Service if you want help to complete forms in your own home. Also, advice on completing the form may be obtained from one of the agencies listed on the back of this leaflet. There are no illnesses or conditions (other than terminal illness) which will automatically qualify for DLA - each case is decided on its own merits based on the information which you provide on the claim form. It is important, therefore, that you give as much information as possible about your child's needs. Some parents or carers find it helpful to keep a diary, writing down everything that you do relating to your child's care. This can also be helpful if you need to request a revision, supersession or appeal (see below). Claiming DLA under the 'Special Rules' If your child is terminally ill, there are special rules for claiming DLA Care Component to ensure that their claim is dealt with as quickly as possible. 'Terminal illness' is defined to mean that the 2

3 child's death can reasonably be expected within the next 6 months. The GP or consultant should be asked to complete a DS1500 report to send with the DLA claim form. If the child satisfies the 'Special Rules', there is no qualifying period before benefit can be paid, and the high rate of DLA Care Component will be paid for the remainder of the child's life. A claim under the 'Special Rules' can be made from the time of your child's birth. Reviews and appeals If the claim is refused, or you feel that the award has not been made at the correct rate, you can ask for a revision of the decision. If this is unsuccessful, you have a right to appeal to an independent Disability Appeal Tribunal. The time limits for requesting a revision or appeal is one month, so you should not delay. A supersession can be requested if the person's care/supervision needs have changed since the award was made. For more information and advice contact Social Work Welfare Benefits Service or your local Citizens Advice Bureau. Benefits for Carers The only benefit specifically for carers is Carer s Allowance (CA). CA is a taxable benefit, payable at per week. It counts in full for means-tested benefits, but may entitle you to an extra premium on Income Support or Housing and Council Tax benefits. Carer s Allowance (CA) Carer s Allowance is a benefit payable to carers who are looking after a disabled person. The main rules that apply are as follows: you must be aged at least 16 years; the person you are caring for must be receiving the higher or middle rate of DLA Care Component; you must spend at least 35 hours per week caring for the person; you must not be earning more than per week (after certain expenses) if you are working, or be in full-time education. If you meet all of the above conditions, you may be entitled to CA. If you have a partner, you can claim CA even if s/he is working. Making a claim for Carer s Allowance Claim on form DS700 which you can get from a Jobcentre Plus office or by ringing the free Benefits Enquiry Line on or online at As long as you claim CA within 3 months of the date that DLA is awarded, your claim for CA can be treated as having been made on the first day that the DLA became payable. Thus it can be fully backdated to that time, as long as you satisfied the other conditions of entitlement throughout that period. If entitlement to CA means you can start receiving a benefit such as Income Support because of the award of a carer premium, you should make a claim for this at the same time you claim CA to ensure that it is also backdated. CA 'overlaps' with certain other benefits, such as Incapacity Benefit. This means that if, for example, you receive Incapacity Benefit, or your partner includes you in their claim for Incapacity 3

4 Benefit, you will not actually receive any CA. However, it may still help you get extra Income Support, Housing Benefit or Council Tax Benefit. If you are unsure whether to claim - seek advice. NB: If the person you are caring for is 16 or over and lives on their own, then a claim for CA may affect their entitlement to benefits - seek advice. Incapacity Benefit (IB) for People Disabled in Youth Incapacity Benefit is a weekly cash benefit for people who have been incapable of work for at least 28 weeks. People who have been incapable of work since before the age of 20, or 25 if they have been in education or training, can get IB without needing to satisfy the national insurance contribution conditions. You qualify under this route if:- - you are at least 16 (or 19, generally, if you are in full time education); and - you are aged under 20 (under 25 if you were in education or training) at the start of your period of incapacity for work (PIW); and - you have been incapable of work for a continuous period of 196 days (28 weeks) immediately before the first day your award starts and are still incapable of work; and - you satisfy residence and presence conditions; and - you are not a person subject to immigration control unless you fall within one of the exempt groups. - satisfy the Personal Capability Test unless you are exempt. Protection for people under 25 in education or training. A person who began a course of training at least 3 months before his or her 20 th birthday will be able to claim IB up to the age of 25 under the non-contributory route if the education or training finished within the last two complete tax years before the benefit year in which claim for IB is made. Incapacity Benefit is paid at 3 rates for young people as follows: Short-term lower rate for first 28 weeks Short-term higher rate from week Long-term rate from week * * Includes age addition payable at higher rate People on the highest rate of Disability Living Allowance care component will get long-term IB after week 28. A young person receiving IB may be able to claim Income Support to top up their income on IB. Child Benefit will cease if Incapacity Benefit is awarded. Benefit Unit. You must notify the Child benefits for people on a low income If you are on a low income, there are a number of benefits which may be claimed. It is not possible to give full details about all of these benefits in this leaflet. If you are on a low income and think you may be entitled seek further advice. 4

5 If you are responsible for a disabled child who qualifies for Disability Living Allowance, and you claim any of the means-tested benefits, an additional amount will be included for your child. This is known as the 'Disabled Child Premium', and is paid at the rate of at least per week for each disabled child in the family. (see below) If you have been claiming or have previously been turned down for one of the means-tested benefits, and your child is awarded Disability Living Allowance, you should advise the Jobcentre Plus office and/or Scottish Borders Council of the award, so that the Disabled Child Premium can be included in the calculation of your award. If you were previously turned down for one of the means-tested benefits you may need to make a new claim. Income Support A means-tested benefit payable to people who are on a low income, who are not in full time work ('full-time work' is defined in the regulations as 16 hours or more per week), and who do not have more than 16,000 savings. Income Support can 'top-up' other income that you may have such as Incapacity Benefit, or Carer s Allowance. If you are under 60 and not unfit for work, a carer or a lone parent, you may have to claim Income Based Jobseeker's Allowance (IBJSA). This is paid at the same rate as Income Support. Income Support and IBJSA are 'passport' benefits giving entitlement to maximum Housing Benefit, Council Tax Benefit, free prescriptions and dental treatment etc. You may also be eligible for help from the Social Fund which can assist with the cost of certain expenses. As from April 2004 Child Tax Credit (CTC) replaced the child allowances within Income Support and income-based Jobseeker s Allowance for most new claimants, and the child increases paid with non-means-tested benefits such as Incapacity Benefit for new claimants. Existing IS and IBJSA claimants at April 2004 who are in receipt of support for children will be moved onto CTC at a date yet to be agreed, reducing entitlement on these benefits to adult rates only. To claim IS or JSA contact call centre on tel: Child Tax Credit (CTC) (See our leaflet Tax Credits and Childcare) CTC is a means-tested payment for people who are responsible for children, whether they are in or out of work. You get CTC if all of the following conditions are met: You must be at least 16 years old; You, or your partner, must be responsible for a child or young person who normally lives with you; You satisfy the residence and presence conditions; Your income must be within a set limit, which varies according to your family circumstances. WARNING: If you are getting Income Support or JSA seek advice before claiming CTC as in some circumstances you may be worse off. Working Tax Credit (WTC) Working Tax Credit is a means-tested payment for those in low-paid work. Payments can include childcare costs. WTC can be paid in addition to CTC. Both Credits are tax-free and are administered by the HM Revenues & Customs (HMRC). Claims for both can be made on the same form, TC600, available from your local HMRC office or the Tax Credit Helpline on or textphone

6 Payment of Tax Credits CTC and any WTC payment towards childcare costs will normally be paid direct to the main carer by the HMRC. WTC, apart from childcare costs, will normally be paid direct to the claimant. Housing Benefit A means-tested benefit for people on a low income, with not more than 16,000 savings, and who are responsible for paying rent on their home. The amount you receive may be reduced if you have non-dependants living with you e.g. a grown-up son or daughter, or an elderly relative. If you or your partner is 60 or over different capital rules apply so you may be entitled to HB if your capital is over 16,000 - see Social Security Benefits for Older People. Council Tax Benefit A means-tested benefit for people on a low income, with not more than 16,000 savings, who are responsible for paying the Council Tax. In addition, there are a number of discounts that may be applied to your Council Tax bill. For example a reduction if your house is adapted for a disabled person, or if it has additional space to meet the needs of a disabled person, or discounts if you live alone or live with people who are 'severely mentally impaired', students, on a low income or certain carers. However, you should note that children and young people under the age of 18 are not included in your Council Tax bill, nor are 19 year-olds for whom you still receive Child Benefit. Certain discounts may be applied automatically by Scottish Borders Council, but if you think you may qualify and have not been granted a discount, seek advice. If you or your partner is 60 or over see Social Security Benefits for Older People. Housing Benefit and Council Tax Benefit are both claimed from Scottish Borders Council. Social Fund The Social Fund is administered by Jobcentre Plus. Grants are payable to assist with the cost of maternity and funeral expenses and cold weather payments to people who meet certain criteria. In addition discretionary Community Care Grants may be payable to help people in receipt of Income Support or Income Based JSA return to the community from care or to prevent them from having to be admitted to care. Depending on the items that you need, you may be referred to the Family Fund (see below). Community Care Grants may also be claimed to meet the cost of fares to visit your child in hospital or in residential care, to homeless people and to families under exceptional pressure. Discretionary Budgeting and Crisis Loans may be paid to assist with the cost of certain irregular needs such as essential furniture etc. In order to qualify for a Budgeting Loan you, or your partner, must be in receipt of Income Support or Income Based JSA for at least 26 weeks. You don t have to claim benefits to apply for a Crisis Loan. Contact: Tel: /7 You must decide if you wish to apply for a Community Care Grant or a Budgeting Loan. It is advisable to apply for both. Seek advice if your application to the Social Fund is refused. NB: If you are no longer entitled to IS or IBJSA when you transfer over to CTC you will no longer be eligible to claim Community Care Grants or Budgeting Loans. 6

7 Family Fund APRIL 2006 The Family Fund is run by the Joseph Rowntree Foundation. The Fund is discretionary and provides assistance to families caring for a severely disabled child under the age of 16. Assistance is usually provided in the form of lump sum grants for specific needs. There is no set list, but examples of items that may be applied for include help with laundry equipment, bedding and footwear, and the cost of holidays or outings (which may include other family members). In addition, the Fund produces a range of useful fact sheets. You can contact the Family Fund at PO Box 50, York YO1 2ZX, or speak to your child's Social Worker for further information. Blue Badge Scheme This scheme provides parking concessions for children from 2 years old with severe mobility problems. Further details and application forms are available from Passenger Transport, Scottish Borders Council Headquarters at Newtown St Boswells (telephone: ). Free School Meals, School Clothing and Footwear, and Educational Maintenance Allowance (EMA) Free School Meals Families who claim Income Support (IS), or income-based Jobseeker s Allowance (IBJSA) or Child Tax Credit only and whose annual income is assessed below 14,155, will qualify, as will those who come within Part 6 of the Immigration & Asylum Act Forms will be sent out automatically by the Director of Education and Lifelong Learning in May and October. New applicants can apply at any time. (May applications will provide meals from August to December, and October applications will provide meals from January to June). School Clothing and Footwear normally payable once each school year. Conditions for applying are similar to those for free school meals but also includes those who have been awarded Working Tax Credit and whose annual income is assessed below 15,050. Forms will be sent out automatically during May. Application forms are available from Education and Lifelong Learning, Scottish Borders Council, Council Headquarters, Newtown St Boswells, Melrose, TD6 0SA (telephone ). Educational Maintenance Allowance a weekly payment of up to 30, paid directly to young people who stay on in further education after they reach statutory leaving age. Young people may also receive two bonuses of 150 if they remain on their course and make good progress with their learning. Bonuses will be payable in January and July. For further details school pupils should contact Education and Lifelong Learning, Scottish Borders Council, Council Headquarters, Newtown St Boswells, Melrose, TD6 0SA (telephone ). College students should contact their local student support services or studentsupport@scotland.gov.uk Alternatively, if you live in Hawick or Langlee, you may contact Marion Rayner on or Mrayner@sctoborders.gsx.gov.uk for advice, information and support. Benefits and Community Care Under community care legislation you can request Social Work Services to assess your child's social care needs. If you are a carer, you are also entitled to request an assessment of your own needs. If your child is admitted to hospital or enters residential care, even on a temporary basis, your entitlement to benefit for them may be reassessed. Special rules also apply if your child lives all or part of the time in a residential school. This may also affect you if you are receiving benefits. It is important that Department of Work & Pensions is notified of any change in circumstances. 7

8 useful contacts: Social Work The Welfare Benefits Service can be contacted through any local Social Work office. In the first instance, you should ask to speak to the duty social worker. 14 Newtown Street DUNS TD11 3AT Chambers Institute PEEBLES EH45 8AF Rose Lane KELSO TD5 7AP Lothian Street HAWICK TD9 9HD Abbotsford Road GALASHIELS TD1 3DS Social Work teams are also based in Borders General Hospital ( ) and The Stables, Huntlyburn, Melrose ( ). Welfare Benefits Service, East End, EARLSTON, TD4 6HU or wbs@scotborders.gsx.gov.uk. Voluntary Organisations Parent to Parent (Borders) Abbey Soft Play, PO Box The Knowes KELSO TD5 7BQ Contact: Diane Henderson The Princess Royal Trust Borders Carers Centre Roxburgh Court Roxburgh Street GALASHIELS TD1 1NY Project Manager: Fiona Morrison Jobcentre Plus and HMRC Offices New Reiver House High Street GALASHIELS TD1 1TD Duke Street HAWICK TD9 9PY (Galashiels main office) HMRC 53 Market Street GALASHIELS TD1 3AH HMRC 51 North Bridge Street HAWICK TD9 9QH Information and advice is also available from your local Citizens Advice Bureau. Details of your nearest bureau are in the 'phone book under "Citizens Advice Bureau". A larger print, translations, BRAILLE and tape versions of this factsheet are available on request. Please contact Welfare Benefits Service, telephone number Social Work Services Welfare Benefits Service L/Wba/4leaflets/Benefits for Children with Additional Needs.doc 14/06/2006 8