What is it?
A non-means tested non-taxable, Social Security
Allowance paid to people who need help with their daily or nightly care needs or
have mobility problems. It is paid in two parts, the care component and mobility
component, you can have one on its own or both together. You should
have needed the help or had mobility problems normally for three months before
you claim and they should be expected to last at least another six
months. It can be claimed for the first time by anyone under 65,
this includes children.
For people over 65 needing help for the
first time the equivalent benefit is Attendance
Allowance. Any award of D.L.A increases the amount you or your
family could receive in Income
Support, Jobseekers,
Housing and
Council
Tax Benefit, and Health Benefits.
Certain levels also acts as a passport
to Disabled
Persons Tax Credit, Various Grants, Invalid
Care Allowance, Blue Badge, Car Tax Exemption, Driving Licence at age
sixteen, etc, etc. You should have a full benefit
check done if you or any of your family are awarded any level of D.L.A.
This benefit check is designed to ensure
that you are receiving the appropriate benefits.
Important note: This benefit check is paid for your care and mobility needs. You can get the benefit even if you live alone with no help. As long as any help or supervision is reasonably required you should still qualify for D.L.A.
This information has been supplied by the Welfare for Rights website which can be found at www.welfarerights.co.uk it has masses of information for all sorts of questions, with FAQ's on the homepage, plus many more internal links within the site. It covers many aspect of the rights you may be entitled to.
Check your benefits
Recent changes in legislation may mean that people who are entitled to state
benefits are not fully aware of what is available. This applies
particularly to the Incapacity Benefit which underwent recent
changes.
You can find out more at this website www.iawelfare.org.uk
This Benefit has been around for years, and it has caused a lot of controversy. Most sufferers of IBD have not claimed or attempted to claim this benefit, why not? you may ask, quite simply because all the forms that require filling in, interrogations some have to go through, and in some cases Tribunal Hearings are enough to scare most away.
Some people with IBD through no fault of their own have to give up their work, and perhaps believed that this allowance was only for people with severe disabilities, but now that their livelihood has been taken from them, decide that they should quite rightly claim D.L.A.
Firstly the forms must be filled in and the correct way to do this is by enlisting the advice of your GP, if not the Benefits Agency will send a simple tick list form to your GP, who may inadvertently tick the wrong boxes without you there to say exactly how you are feeling. The Agency wants to know how you are feeling at your worst. If your claim is rejected contact the Local Authority's Welfare Rights Department, a representative from Welfare Rights should then arrange to visit you. If they state that you don't look ill enough to be claiming this allowance, request an Appeals Form, and be prepared for more 'grilling' from the Welfare Rights rep, who will then type their report to be submitted to the Benefits Agency.
The NACC (National Association of Crohns & Colitis)
give excellent advice and helpful tips when trying to claim
the D.L.A benefit. They are running a project on disability
benefits and have produced three documents as an information guide for people with
IBD.
1. The first guide is called 'Overview of Welfare Benefits' a guide to what state
benefits might be relevant to a person with IBD .
2. The second guide 'Claiming Disability Allowance' (D.L.A). This
document is comprehensive and aims to help people fill out an application form
for D.L.A. The guide also contains a sheet for health professionals
and an additional guide on making appeals.
3. The third guide is for children . Claiming
DLA for Children. A guide on claiming D.L.A for children,
similar in structure to the adult guide above.
One copy per person can be obtained from the NACC office, their address is 4 Beaumont
House, Sutton Road, St. Albans, Herts, AL1 5HH.
If more than one copy is required you must phone and request them, the number is
01727- 844296.
You can send them
an e-mail to request a copy, giving your
UK postal address.
More information can be found on their website at www.nacc.org.uk
The best thing to do is to obtain a copy of
the NACC booklet for claiming disability benefit.
The guide is written
specifically for people with Crohn's. You can phone the D.L.A
Benefit Support Line (0845 130 4455 on Tuesday evenings, 6.30
pm - 9.00 pm). This service started in January 2001 and is operated by a small
number of NACC volunteers specially selected and trained. The aim of the service
is to help people with IBD talk through any practical questions relating to D.L.A.
It is supportive in tone, and general information is given about claims for D.L.A,
but not individual advice.
Specific advice on making a claim should be sought through a local Welfare
Rights Agency or Citizens' Advice Bureau.
Any young students should also contact their local education authority and ask
about the Disabled Student's Allowance.
Has anyone tried to claim this benefit? and
come up against bureaucracy at its worst.
There must be many people who would be interested in finding out the best way to
achieve this aim, after all these benefits have been put in place to help these
unfortunate people.
Not humiliating them as quite a few people who have tried to claim this benefit
ended up feeling.
Please post
your own experiences relating to this subject, it will make interesting reading.
See some narratives below.
JL, States that
the system should be changed- why? here's the reason.
The benefits system's attitude to people with IBD sucks. They seem
to think that we are lying, 3 members of my family have IBD of which two are my
children. The eldest child receives D.L.A, but it was not easy to
achieve this. I first applied for Attendance Allowance when my child
was under 5, the claim was refused.
Then D.L.A was
introduced as a new benefit, so I applied again on the advice of my health
visitor, 10 months passed before the cheque was backdated for the middle
rate.
I have since applied for Motability, which has been refused. The
youngest child has only recently been diagnosed, I haven't applied for D.L.A yet
as my youngest child has not been to severely affected at the moment and after
all the rigmarole we had to endure before, I'm not sure if I will.
The system does not seem
recognise IBD as a significant health problem at all, yet almost
anything else is from asthma to any type of sore back being better catered for
by the DSS. It makes me so angry that the Benefits Agency leave IBD
sufferers with so little dignity but still assume they are work- shy or
scroungers.
My husband worked for over 10 years whilst suffering IBD
symptoms, it eventually got so bad he has not been able to work for 7 years
now. He was refused D.L.A and we found the form so humiliating that he
couldn't face appealing. He then had to endure a work test,
which is aimed at people with physical problems such as arthritis or breathing
problems.
Simple changes in the system would end a lot of misery for sufferers and
wouldn't cheat the system.
LB, Categorically
declares I am not
work-shy. I was diagnosed with Crohns over a year ago, although the
problems associated with IBD have been a part of my life much
longer. I had to drop out of A-level studies last year as I could no
longer maintain the hours of attendance required, I was devastated, my life's
ambitions seemed to be falling apart around me.
After four month's rest in hospital, I found a part-time job where I work 19
hours per week. This suits me because of my low energy levels and
constant pain. As I'm only 17 and employed as a trainee, my pay is
very low, so low I find it hard to pay for all my medication.
I recently applied for D.L.A
but was turned down for not needing constant attention both day and
night.
Yet I answered all their other quite pitiful questions
fully. I agree with the views most people hold relating to the DSS
and the Benefit Agency, you must be nearly at death's door to gain any monetary
help.
TG, Complains about the
disgraceful treatment received from the DSS as shocking. I
will shortly be applying again for the D.L.A, with I suspect little hope of
receiving it. As others testify there seems to be an
assumption by the DSS that living with IBD is not really that much to bear.
I was diagnosed with Crohn's in 1968 whilst still at
university. Over the years I've had to have radical surgery,
and in 1985 a colostomy due to life-threatening problems, I now also have a
permanent ileostomy.
IBD can have a major impact on
the sufferer's career plans, employment prospects, family relationships, social
life and above all, morale. I seriously question the credentials of
the adjudicating officers who decide whether or not one gets D.L.A. As far as the D.L.A and the DSS
are concerned, IBD sufferers are certainly the 'poor relations'. I
have little faith in an appeals process associated with a system which at the
end of the day, cannot make fair decisions in the first place.
IT, has learned through trial
and error. I was diagnosed with UC in 1994, after two years of
difficulties.
Despite being forced to give up work in 1996 I felt
that D.L.A was for people who were more severely disabled than I
was. However, following NACC's campaign, I decided to have a go at
claiming the Allowance. I was totally unprepared for the complexity of the
forms, I tried my best to complete them, trying to fit my answers into the small
space allocated, rather than using a fresh page, I photocopied the forms and
sent them off.
My next mistake was not getting professional help whilst filling out these forms, then another blunder, I failed to discuss the procedure with my GP, and alas within 2 weeks my claim was rejected. I contacted the Welfare Right's Department and quickly received a visit from one of their reps, again my claim was rejected, why? because I didn't look ill enough apparently. An Appeals Form and another meeting was arranged so that a proper interview could be organised, to record how badly my daily life was affected by chronic IBD.
I endured three hours of
grilling during this second meeting, sheer hell! as I wasn't feeling
very well.
I set about collecting written evidence of
the effects of the disease on my life. I submitted a five-day diary
of my symptoms when I was at my worst. I explained all my symptoms
and the effects they had on my daily life to the Benefits Agency. Fortunately I was able to go back 5 years with my hospital records, this showed
how my life had been affected by severe to moderate flare-ups, also showing the
short time I had spent in reasonable good health, my hospital consultant sent a
letter to the Benefits Agency as additional back-up to my health records.
And guess what? yes after all these months of collating my evidence, I was again rejected. The battleground was set, I requested a Tribunal Hearing. Many months later (18 months to be precise) a date was set, the three members of the tribunal reached a decision, I was awarded the middle rate of care, backdated to the date of my original claim. The award is for three years. However, after learning from my mistakes I will be ready for those civil servants in 2002.
S & R, had this to say
about their struggle to get the disability benefit. My daughter gets
the higher rate of living allowance, and the lower rate of mobility
allowance. I also claim carer's allowance for her, we had a real
struggle to get these benefits for her. We were turned down twice
and eventually went to an appeal. We found out when we received the
appeal papers that her Pediatrician had said she was capable of looking after
her stoma herself. At the time she didn't even have a stoma!!
he was obviously thinking of another child. The appeal panel told us they
had not realised from the claims form just how much we had to do for our
daughter. When you fill in the form remember everything from extra
toilet cleaning, (and extra water charges if applicable) to soiled clothing
ect.
It soon mounts up, all the everyday items needed, to all the extra things
needing done.
It's not just the physical stress, its also the emotional stress too, but they won't
count that when they are calculating what rate you may be likely to get, if your
lucky. I wish they made it easier for ordinary people with sick children
like us, to get what we are justifiably entitled to.
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[With thanks for information provided from the Welfare Organisation and NACC]