Employment Support Allowance

Employment and Support Allowance (ESA) provides financial support where a person has a disability or health condition that limits their ability to work. It provides money to help with living costs if the person is unable to work, and guidance to help the person return to employment if they are able.

ESA is a means-tested benefit with different elements, including new style ESA, contribution-based ESA, and income-related ESA, available to those who qualify. Whether the person is employed, self-employed, or unemployed, they may have been eligible to apply. But new claims can no longer be made, except to the New Style ESA depending on previous NI contributions. For information see New Style Employment and Support Allowance – GOV.UK

Universal Credit

Universal Credit is now the single main means-tested welfare benefit which has aimed to simplify the benefit system. It has replaced seven legacy benefits with a single benefit, managed through an on-line journal. New claims have to be made to Universal Credit rather than the legacy benefits that it has replaced, including Employment and Support Allowance (ESA) and Housing Benefit (HB).

Everything is managed on-line. A username, password and security questions are selected and each time the claim is accessed a verification code is sent to either an email or telephone number.

All comments that are entered can be viewed via the on-line journal. So this provides a historic record of all communication. The claim is managed by Jobcentre staff at the jobcentre closest to the person’s address, but dedicated service centres may be involved to resolve more complex issues. Note there is no telephone helpline that can discuss specific details regarding a claim – any questions have to be asked via the journal. Jobcentre staff may call regarding the claim. The helpline can only provide general help and guidance.

The main problems with Universal Credit are:

  • It is an online system
  • The system has no appointee functionality.
  • A person’s ID has to be proved but the standard ID documents do not always exist for people with disabilities, especially learning disabilities.
  • For new claims, a doctor’s fit note is required to start the processing for the Limited Capability for Work Related Activity (LCWRA) element.
  • Where there was no ESA claim there is a waiting period of 5 weeks before the claim is firs paid and a three month waiting period before the LCWRA is paid, so income will be very low until both elements are in payment;
  • The housing element is often assessed wrongly and needs to be re-entered. Sometimes several times along with explanations in the journal – information on payment of housing costs is covered separately.
  • UC generally pays less than ESA and there are different payment rates exist for the under 25’s;
  • Any overpayments of benefit are taken directly form each monthly payment at a higher rate than they use to be taken from ESA.

Longer term Universal Credit will mean that disabled claimants receive less than they did under legacy benefits.

Personal Independence Payment and Disability Living Allowance

Personal Independence Payment (PIP) has now replaced Disability Living Allowance for claimants of working age in the UK. PIP is made up of two components:

  • Daily living component – for help taking part in everyday life; and
  • A mobility component – for help with getting around

You can be paid either the daily living component or the mobility component on its own, or both components at the same time. Points are awarded for each question The overall points score will determine which rate of daily living and/or mobility you are awarded.

The current PIP benefit rates can be found on the government web page

Personal Independence Payment (PIP): How much you’ll get – GOV.UK

You can start a claim by ringing 0800 917 2222. You will need personal details such as your National insurance number, bank details, GP details, and whether you have mental health or behavioural conditions, a learning disability or memory problems.  Further information can be found at www.gov.uk/pip.

Once the initial telephone call is completed, a paper application form will be sent to you to complete. The form will ask you questions about your difficulties with daily living and getting around. The questions include help you need with your personal care, whether you need help to plan your day, or require help with things such as budgeting and communication.

Disability Living Allowance

A claim to Disability Living Allowance (DLA) can no longer be made by anyone over the age of 16. The Personal Independence Payment (PIP) benefit would be claimed instead. Anyone with a DLA claim will be asked to claim PIP when they turn 16. Please see the above section on Personal Independence Payments for information on that benefit.

When the person (or appointee) receives the letter inviting them to apply for PIP they will also be given a date that the DLA will end. Don’t ignore the letter. You’ll need to make a claim for PIP within 4 weeks or your DLA will be suspended, which means you’ll stop receiving the money.

When a PIP claim has been made, DLA will continue in payment until the claim has been assessed and a decision has been made.

Any supported person over 16 who currently has a residual claim for DLA will continue to receive that benefit without any changes unless they are invited to apply for PIP.

Motability

The Motability Foundation is an independent charity set up to help people with disabilities to access a vehicle to help them get around. The enhanced rate of the mobility element of either  PIP or DLA is a qualifying benefit for the Motability scheme which entitles you to apply for a Motability vehicle. For people with a learning disability who are unable to plan or make journeys unaided the enhanced rate of the mobility element should be awarded.

The Motability scheme is reactive to pressures in the automotive industry. The vehicles that are available on the scheme do change, this can be due to things such as availability of the vehicle, time taken for vehicles to arrive and /or  Government Policy.

For people with low savings a grant can be applied for to fund any advance payment required for a suitable vehicle.

Adapted vehicles are available at an extra cost. We can advise you if Motability adaptation grants are available to cover extra adaptation costs.

Information is available on the Motability website https://www.motability.co.uk/

Please feel free to contact head office if you would like to discuss any aspect of DLA.

Covering Housing Costs and Council Tax

Housing Benefit is a means-tested Local Authority benefit rather than one that is managed by the Department for Work and Pensions. Claims to Housing Benefit are made direct to the local authority covering the address that the claim is being made for.

Where eligible, new claims to Housing Benefit were required when a person had housing costs that had to be covered, namely when they:

  • moved from the family home into rented accommodation;
  • moved from rented accommodation in one local authority to rented accommodation in a different local authority area;
  • moved from residential accommodation (including hospitals and care homes) into rented accommodation.

As a positive, the housing section on UC is much simpler than the housing benefit claims forms, requiring date the costs applied from, details of the landlord and housing costs, frequency of payment and number of bedrooms. The same rates apply to housing costs being paid from UC. Where a person requires a room for a non-resident carer to sleep overnight, the number of bedrooms required should be entered as 2, and this can be explained in any free form box or added to the journal. Note an extra room will not be paid for a waking night, the non resident carer must require the room to sleep.

Universal Credit will need a copy of the tenancy to be uploaded and proof of the person’s occupancy provided.

As a care provider we can assist with any issues with the Housing element on Universal Credit and can ask Professional Appointees to assist.