Benefits entitlement
We have selected some frequently asked questions about benefit entitelment which may assist you.
Frequently Asked Questions
Click a question to see the answer.
Are the deductions from my benefits related to what a non-dependent pays me for their keep?
No. The deductions from your benefit entitlement are fixed sums dependent upon the non dependant's gross weekly income (i.e. how much they earn before tax is taken off).
Where you have an existing award of DLA or Attendance Allowance, a new claim form or letter asking for a reconsideration will result in a complete reconsideration of your entitlement and as such your existing award could be changed. You should seek advice before making a request for a higher rate.
Yes you can still claim Disability Living Allowance or Attendance Allowance if you live on your own. DLA or Attendance Allowance is paid as recognition of the help that you need with personal care. Likewise mobility component of DLA is in recognition of help you need getting around. These needs still exists even if you don't get help.
Can non-dependants claim Council Tax Benefit/Housing Benefit?
Non-dependants cannot claim Council Tax Benefit/Housing Benefit for any payment they make for their keep.
Can students claim housing benefit or council tax benefit?
If you are a full-time student and living alone or in a property with other full-time students, you may be eligible for a 100% reduction in council tax. If you live with other non-student non-dependants, the household may be entitled to a 25% reduction in council tax. There are some instances where full time students with dependants may be entitled to assistance with paying their rent. You should contact the welfare service to discuss what you are entitled to.
Yes, the non-dependant deduction is still made from your entitlement to Council Tax Benefit/Housing Benefit.
Does Disability Living Allowance (DLA) or Attendance Allowance only cover physical difficulties?
No, Disability Living Allowance (DLA) or Attendance Allowance also takes into consideration such things as a person requiring prompting or encouragement or reminding to do tasks. A person's needs will vary depending on their condition.
No. Money paid by non-dependants for their keep is not treated as the claimant's income. It doesn't matter how much or how little the non-dependant pays, the amount deducted from a claimant's entitlement to Council Tax Benefit/Housing Benefit is a fixed sum.
How does my War Pension affect my entitlement to Housing and/or Council Tax Benefit?
All income from war pensions or being a war widow is disregarded. However we still need to know that you receive it and we will ask you for a breakdown of how this is made up.
I am a student aged over 60. Will my student loan or grant be counted as income?
If you are over 60 and a student, then any student grant or student loan you receive will be disregarded when we calculate your benefit entitlement.
I have a child who is disabled, can I claim Disability Living Allowance (DLA) for them?
Yes, as the child's parent or legal guardian you can claim Disability Living Allowance (DLA) for your child if they need help with personal care or getting around which is substantially more than an average child of the same age. You can claim for help with personal care from when your child is three months old. You have to wait till the child is three years old before you can claim for help with getting around.
No, life awards do not necessarily mean for life. They are only awarded for life if there is no review of your claim or no change in your condition.
If I am over 65, can I get any money for my mobility?
The mobility component is part of Disability Living Allowance (DLA) and as such must be claimed prior to your 65th birthday.
If I claim Disability Living Allowance (DLA) before I am 65 will it stop when I reach 65?
If you claim and qualify before you are 65 you will continue to receive Disability Living Allowance (DLA) for as long as you continue to satisfy the disability rules.
Both Attendance Allowance and Disability Living Allowance (DLA) are disregarded as income for all other benefits except if you go into hospital or residential care.
Disability Living Allowance (DLA) or Attendance Allowance can only be backdated to the date on which you made your claim.
What are the advantages of claiming Attendance Allowance or Disability Living Allowance (DLA)?
If you receive any rate of Disability Living Allowance (DLA) you will be entitled to a disability premium as part of your Income Support, Housing Benefit and Council Tax rebate. If you get the higher or middle care component of DLA or either rate of Attendance Allowance you may also qualify for a Severe Disability Premium in your Income Support, Pension Credit, Housing Benefit and Council tax rebate. A carer may be able to claim Carers Allowance for looking after you, but you should get advice before letting them make a claim as it could affect your entitlement to a Severe Disability Premium.
Both Disability Living Allowance (DLA) and Attendance Allowance continue to be paid for the first 28 days in hospital or residential care. The mobility component of Disability Living Allowance continues to be paid after 28 days in residential care, but the other components will stop.
Disability Living Allowance (DLA) or Attendance Allowance forms look at a variety of things including getting in and out of bed, washing and bathing, and dressing and undressing. Shopping, housework, cleaning, gardening and similar tasks cannot be taken into consideration as personal care tasks.
Where can I find out information on benefits?
Contact Welfare Rights for a full assessment of any benefits and pensions you may be entitled to. They will help you make a claim, and help you appeal if your claim is unsuccessful.
Who is eligible to claim Carers Allowance?
To be eligible for Carers Allowance, you must: be aged 16 or over and satisfy UK residence and presence tests, you must spend at least 35 hours caring for someone who is in receipt of Attendance Allowance or the middle rate care component of Disability Living Allowance, you must not earn more than £84 per week (2006/7), and you must not be in full-time education.
Why can't I get housing benefit if I am a student?
The Benefit Regulations say that only certain students are entitled to Housing Benefit. This is because there is an allowance for rent built into the standard student loan.
