Disability Living Allowance

This page is aimed at all residents of the Nottinghamshire County Council area who are claiming or intend to claim Disability Living Allowance (DLA). The information applies to all people affected by UK Social Security law.

On this page:

• What is DLA?
• Important points about DLA
• The mobility component
• The care component
• If you are refused DLA
• How to claim DLA

What is DLA?

DLA is a tax free benefit payable to people aged up to 65 who need help looking after themselves and/or find it difficult to walk or get around because of an illness or disability.

Return to top

Important Points About DLA

• It is not affected by your income or savings or those of your partner.
• It does not matter if you live alone, you can still get the allowance.
• It does not reduce other Social Security benefits. In fact getting DLA may entitle you to extra Employment and Support Allowance, Pension Credit, Housing Benefit and Council Tax Benefit or mean you qualify for them for the first time.
• If you have a person caring for you they may be able to claim Carers Allowance.

           Get advice on this if you qualify for DLA.

• If you go into hospital or a home your DLA payment for care or mobility may stop or be reduced but it should be reinstated if you return home even if it is only for a weekend.
• People over the age of 65 who need care should claim Attendance Allowance.
• It is paid to the person with the disability or illness and can be spent in any way they choose.
• DLA is paid in two parts - the mobility component and the care component, either or both of these payments can be claimed.

Return to top

The Mobility Component

The mobility component can be claimed between the ages of 3 and 65 if you have had difficulty in walking for at least three months. Remember there is no mobility payment for people making a first claim over the age of 65 so it is important to claim in good time to avoid losing out all together.

It is paid at two rates:

Higher rate - £46.75 per week - from age 3-65.

This is payable if you have problems with walking such as:

• Your walking is slow, difficult or painful - due to something such as arthritis, or severe back problems.
• The effort of walking could be a serious risk to your health - if you have for example a serious heart complaint and can only walk short distances out of doors.
• Walking makes you breathless or very tired after only a short distance - if you have severe asthma or emphysema for example, or have had a stroke which can make walking very tiring.
• You are deaf and blind - you should qualify automatically.
• You are unable to walk at all - if you use a wheelchair, or are confined to bed you can qualify if you can show you will be able to go out, even if it is only once a year.
• You are also entitled to the higher rate mobility if you are severely mentally impaired with behavioural problems and get the highest rate of DLA for your care needs.

Lower rate - £17.75 per week - from age 5-65.

If you do not fit any of the conditions described above you may still qualify for the lower rate if due to a mental or physical illness or disability you are unable to walk outside without help from another person for most of the time. This may be to help you to find your way around or to keep you safe from traffic or falling over. People with impaired sight, a learning disability or severe mental health problems, for example may qualify.

Return to top

The Care Component

The care component is paid at three rates depending on the level and type of care you need. You must have needed the help for at least three months to qualify.

Highest Rate - £67.00 per week

To qualify for the higher rate you must need help during the day and night with things such as:

• getting in and out of bed
• going to the toilet
• washing
• shaving or doing your hair
• dressing or undressing
• having a bath/shower
• eating or drinking
• taking medicines
• climbing stairs
• turning over in bed
• help with communicating from another person which would allow you to, for example, go to social events, or visit the doctor, or friends, etc

           AND/OR

• You need someone with you because you may have an accident or are likely to fall.
• You suffer from fits or blackouts and may injure yourself when these occur.
• You may be very forgetful and unable to make decisions so need someone around to keep an eye on you. This could include things such as forgetting to turn the gas rings off or not locking the door.

Middle Rate - £44.85 per week

You will qualify for the middle rate if you require the kind of care described above during the day or night but not both. This means help with personal care such as washing, dressing and/or need someone to keep an eye on you so that you avoid hurting yourself or someone else.

Lower Rate - £17.75 per week

• If you do not need as much help as described above but need help (for about one hour a day) from someone with for example, washing, dressing etc. but don't need someone around all day you may qualify for the lower rate.
• If you are over 16 and cannot prepare a cooked meal for yourself if you have the necessary ingredients. This could be due to, for example, not being able to lift heavy pans or turn taps, or because you could not remember the way to cook a meal.

People Who Are Terminally Ill

There are special rules that apply to people who may not have longer than six months to live because of an illness. Getting paid under these special rules means you automatically get the highest care component whether or not you need any help, plus you do not need to have required help for the last three months. Claims are also dealt with more quickly.

Return to top

If you are Refused DLA

If you are refused DLA or are only awarded a lower rate you can ask them to look at their decision again. If you are still refused and disagree with the decision you can appeal to an independent tribunal. Over 50 percent of people are successful when they ask for the decision to be looked at again. Don't be put off if you are turned down at first, ask for advice to help you challenge the decision.

Return to top

How to Claim DLA

The Department for Work and Pension's leaflet DLA A5 D.C.S. contains a freepost card to send off to receive the claim form DLA1A.  Forms are also available from local social security offices.

If you are claiming for a child aged under 16 there is a separate claim form called DLA1CH Child.

You can also obtain these forms by telephoning free on 0800 882200 (text phone 0800 243355) between 8.30am and 6.30pm Monday to Friday, 9.00am - 1.00pm Saturdays.

The form is rather long and complicated and it is best to get help with filling it in from your local welfare rights adviser, or Citizens' Advice Bureau.

Telephone Nottinghamshire Welfare Rights Service on 0115 977 4018, minicom 01623 520247 or email us at welfare.rights@nottscc.gov.uk to find your nearest independent advice agency.

Return to top

Disclaimer

The information on this page is not legal advice. If you have a query about your benefits, you should talk to an advisor before making a decision.

You may wish to call the Nottinghamshire Welfare Rights Service Adviceline on tel: 0845 601 5943 or find your nearest independent advice centre in Nottinghamshire or take a look at the national CLS/CDS Directory.

The information on this page is for people living within Nottinghamshire who are affected by UK Social Security law.

Return to top