Benefits: an overview. (U.K.)
Following your accident their maybe certain benefits you can claim, there also maybe benefits for a more long-term illness/disability . Below is a basic overview of benefit entitlement. As benefits change regularly & eligibility changes also it may be beneficial to obtain advice from either your local benefits agency or Citizens Advice bureau for your individual case.
The following information was taken from the benefits agency literature & from personal experience of claiming for benefits.
Statutory sick pay (SSP)
SSP is paid by your employer & is paid for up to 28 weeks.
Were you sick for at least 4 days in a row including weekends & bank holidays?
Were you employed when you became sick?
Earning enough on average for it to be relevant for N.I. purposes? (i.e. were you paying NI)
If yes to all the above then claim SSP. For more information on SSP contact your Inland Revenue office.
Incapacity Benefit
Incapacity Benefit is paid either if your SSP has ended or if you cant get SSP.
Have you paid enough N.I. contributions?
Been incapable of work because of sickness or disability for at least 4 days in a row, including weekends & bank holidays?
If yes to both of these claim Incapacity Benefit.
Or are you
Incapable of work?
Aged 16 or over but under 20 (25 if you were in education or training before age 20)?
And did
The period for which you were unable to work occur after age 16 & begin before age 20 (25 if you were in education or training before age 20)?
If yes to all claim Incapacity benefit.
Incapacity benefit is paid at 3 rates:
Short term Incapacity benefit at the lower rate
Paid if you do not get SSP & have been sick at least 4 days in a row including weekends & bank holidays, or if you qualify under the rules for young people.
Short term Incapacity benefit at the higher rate
Paid if you have been sick for more than 28 weeks & less than 52 weeks. If you qualify under the rules for young people you must have been getting Incapacity benefit for 28 weeks.
Long term Incapacity benefit
Paid if you have been sick for over 52 weeks.
There is many other rules to Incapacity benefit this is just a basic overview
Income Support
This is for people on a low income.
Savings over £8,000 usually mean you cannot get Income support.
If you have to sign on at the jobcentre, you cannot get Income support.
Are you,
Aged 16 or over?
On a low income?
Not working on average 16 hours a week, & your partner works on average less than 24 hours a week?
If yes to all the above then claim Income Support.
Savings over £3,000 usually affect how much Income support you get.
If you are entitled to Income support you maybe able to get extra money if you are buying your home & you maybe able to get help with other housing costs.
You can usually get extra money for your family.
If you are sick & not getting SSP you should put in a claim for Incapacity benefit as well as Income support & let them decide whether you've paid enough N.I. & which one your entitled to. Putting in a claim for which one you think you're entitled to may delay your claim.
After a year of being on Income support for sickness you are entitled to a disability premium, check with your local benefits office.
How to claim the above.
Put in a claim straightaway, if you delay you may lose benefit, if you are unable to make it to the benefits agency get someone to ring on your behalf & request the forms.
To claim SSP speak to your employer, it should be paid automatically but you may need to chivvy them along!
For Incapacity benefit & Income support contact your local benefits office & listen to the lovely tunes they play on their phone system!!!
Disability living allowance
This benefit is payable if you have needed help for 3 months & are likely to need help for at least 6 months, i.e. you cant claim until you've had your injury 3 months & your injury is likely to cause you problems with either personal care or mobility for a further 6 months. You must be under 65 to claim, need help looking after yourself or have mobility problems.
Disability living allowance for personal care
This is a hit & miss benefit; it mainly depends on how you complete the form! It is advisable to get help from CAB as the form is long winded & some parts may not appear to be relevant but you can turn them to be relevant.
For care it is paid at 3 rates.
Low, middle & high rate care.
With a brachial plexus injury you maybe able to get low rate care (I know some who get middle rate) under the rules they call the "cooking test". This is a hypothetical test intended to be a gauge of level of disability. The test looks at whether you can carry out all the activities needed to prepare a cooked main meal without help from another person. It isn't talking about convenience meals or pies & frozen veg. it is talking about cooking a meal from scratch if you had all the fresh ingredients. Things that you may not be able to do vary from person to person but bear in mind when completing the form can you,....
Wash, peel & chop vegetables?
Chop up meat?
Hold a pan on the stove safely?
Open jars?
Open tins?
Turn taps??
Lift & move hot pans that maybe full?
Drain vegetables?
Use a cooker i.e. light the gas?
Remove tins from the oven safely?
All this without help from another person, if you do need someone to chop the veg, peel the spuds, lift the pans put it down on the form. There are many more things you may or may not be able to do but you only need to fulfil the criteria for the cooking test to get low rate care.
You should get low rate care if you "cannot prepare a cooked main meal for yourself" if you can only do so with some help.
One thing that cant be emphasised enough here is it doesn't matter whether or not you do cook a meal for yourself or live off of takeaways, the point is given all the ingredients if you need help with any aspect of cooking a main meal your entitled to low rate care & need to let them know that. Where it says how many day a week on average do you need help cooking, hypothetically (as it's a hypothetical test) its 7 days a week.
For more in depth details on this complex benefit gain advice from CAB as you maybe entitled to middle or higher rate if you fulfil the criteria.
On a positive note this benefit is non means tested which means it doesn't take into account any assets you may have nor does it matter if you are working & earning money, you can claim even if you work full time.
If you get turned down for DLA you can ask for a revision or appeal, again obtain advice first.
You can also claim Disability living allowance for help if you have mobility problems.
Disabled persons tax credit.
Savings over £16,000 means you cannot get disabled persons tax credit.
If you are aged over 16, working on average 16 hours a week or more & are restricted in the type of work, number of hours or amount you can earn because of you injury you maybe able to get disabled persons tax credit.
Following an injury you may find that you cant go back to your former job, you may also find that your earnings maybe less, it is means tested & payable if your disability puts you at a "disadvantage" in getting a job. Disabled persons tax credit is aimed at taking you to a minimum income. You must have been on a qualifying benefit to be entitled.
For more information on Disabled persons tax credit phone 0845 605 5858
Helpful links & contact numbers
Link to department of work & pensions (formerly benefits agency)
Benefit enquiry line-0800 88 22 00
Disability living allowance 08457 123456
