Yorkshire Lupus Group - Benefits and Tax

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With thanks to John Leonard of the Cornwall Group who has put together this section, which looks at the benefits, which you maybe entitled to claim.

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Incapacity Benefit | Disability Living Allowance & Attendance Allowance
Claiming Incapacity Benefit and Disability Living Allowance | Further information

Incapacity Benefit (IB)

Incapacity Benefit is a sickness benefit and qualification is dependant on being "Incapable of Work" and National Insurance (NI) Contributions. (These are reviewed by respective Governments and altered to often to put into print). It is Taxable, but savings are disregarded.

There are two types of IB, Short-Term and Long-Term, they are paid at various rates. Short-Term IB is paid for the first 364 days of a period of incapacity for work. (Lower rate is for the first 196 days and the Higher rate from the 197th day to the 364th day). Long-Term IB is paid from the 365th day. (For the first 196 days most employed people will receive Statutory Sick Pay (SSP).

You can claim IB only if you are not in paid work. You complete form SC1 and send it to your local Social Security Office. This form is available from your Doctors Surgery a Hospital or a Benefits Agency themselves. You will need a Medical Certificate (MED3) from your GP as evidence of your incapacity for work.

If you are in paid work you must claim SSP from your employer. If your Employer refuses to pay you the SSP or terminates your Employment you will need to obtain a from SSP1 from him/her to claim IB.

Some other Social Security Benefits can be paid with IB, they are;-

It is always worth checking whether you qualify for DLA/AA especially if you are on the Long-Term IB. If so your Carer could qualify for Invalid Care Allowance. The following benefits cannot be claimed with IB but if you meet the conditions you will receive whichever is paid at the higher rate.

Your Incapacity for Work is assessed firstly by the Own Occupation Test and then, following the 197th day you are assessed by the Personal Capacity Test (All Work Test)

Contrary to popular belief Incapacity Benefit is not awarded for life, it is reviewed regularly and very often an updated report is requested from your GP. So it is always advisable to keep your GP up to date on your condition. Very often, once you are referred to a Specialist you do not see your GP for months or even years.

It is always advisable, when claiming this type of benefit, to keep a Diary of your Health, how you are feeling on a daily basis. Do not just generalise and say that joint pain is a symptom of Lupus, say which joints are painful even if it takes a time to mention them all, do so. Never assume that whomever you are talking to knows about Lupus, if it is your GP, ask if he/she has a copy of LUPUS UK's GP'S Guide. If the reply is yes then check if they have read it.

As like all other benefits, if you get turned down for IB on the capability to work, you can appeal. Instructions on how to go about this and the "Time Limits" are usually sent out with the decision. "If it is aggravation you could well do without there is always your nearest CAB who will help and advise). If you are turned down on insufficient National Insurance contributions, there is no appeal unless you consider their records are incorrect.

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Disability Living Allowance & Attendance Allowance

Disability Living Allowance DLA is broken down into two components Care and Mobility. They have the following rates:
Care Higher £57.20 - Middle £38.30 Lower £15.15
Mobility Higher £39.95 -Lower £15.15
Attendance Allowance (AA) just has the Care Component, at the Higher and Middle rates

Disability Living Allowance (DLA) is not regarded as income so has nothing to do with paying Income tax or National Insurance, it is extra. It also does not matter how much you may have in savings, these are also disregarded. You can claim DLA even if you are working, its nothing to do with your Employer, its your personal life at home.

To qualify you must have needed help from another with personal things and or walking for the last 3 months and expect it to last for 6 months more, at least. It does not matter if you haven't had any help, all that is required is that you would find it easier to manage if you had someone to help or keep an eye on you. It is the NEED that counts.

To obtain the claim pack visit:

The Allowance is payable from that date if you are successful. This gives you plenty of time to fill in the forms, gather as much evidence as possible (e.g. Literature from LUPUS UK, a letter from the person closest to you that has seen you at your worst).

Don't be put off by the claim pack, it looks awesome task to complete and has been known to put people off before they start. (I am sure this is deliberate). The answer is to get help if necessary, there are many organisations that will provide this. Take your time; perhaps over a couple of weeks, use a pencil to start with. Keep a Diary of your daily activities and how your Lupus affects you and cross check your answers with these notes.

Do not try and be positive by describing how well you cope, force yourself to be negative on this occasion and describe how you do not. The more you tick the No help needed boxes the more you show that you do not need DLA. The more boxes you tick that you need help and then go on to explain, the stronger your case.

To explain the Virtually unable to walk statement, it means difficulty in getting about. This is just not the distance but also the speed, the time it takes, the manner (I.e., pain and fatigue and the recovery afterwards. It is always worthwhile filling in both the personal care and mobility component sections of the claim pack.

The Quality of Life section, an addition to your main claim, if having assistance to take you to your place of Worship, visit family, friends etc. on a regular basis would improve your quality of life rather than staying in all the tine, do give details.

Risk of further injury or deterioration of your illness is taken seriously. You might often be at risk of a fall, or you stumble but manage to catch yourself by using the furniture or walls. This is still a fall and a fall confirms your need for attention or supervision. Even if you no longer do something every day because it is too painful or such a bother - explain that you would able to manage it with some help.

If you so not actually carry out an activity yourself, preparing and cooking a traditional main meal for example, describe what you can do and therefore would need help with this every day. You may pop a prepared meal in the microwave but how would you manage with traditional cooking? For these forms ask yourself can I chop and peel vegetables? Can I safely lift and carry got heavy pans? Can I turn knobs on the cooker? Safely bend and lift hot dishes from the oven? You may have changed or adapted your clothing fewer small buttons, clip on tie, flat shoes, explain that you have difficulty with ties, small buttons, heels, or doing up back fastenings, putting on socks tights, tying shoe laces etc

Think back to all the things you have sensibly changed or how you have modified your actions over the months and, on this occasion, use them to your advantage. Compare them now and describe the difference. Other things you may find less easy, washing and drying your hair, shaving, brushing your teeth, drying yourself after a bath, cutting toe nails etc. Unless you tell them they will now know.

Very often, the Benefits Agency will send a Doctor around to visit you at home. Don't be fooled into believing this Doctor is a very nice person and is there to help your claim. They are not. The reason for the visit is to catch you out. Have a friend with you to witness what answers you give when questioned because very often, the final report (which is what you are assessed on) does not reflect your answers. Don't sign the pre-report he reads out to you unless you are entirely happy with its content. (Many people feel obliged to sign these even though they do not fully agree that it reflects what they have said).

The award of DLA can act as a "Gateway" to other Benefits; it can qualify you for Severe Disablement Premium for example. DLA is worthwhile. If you have been turned down, obtain assistance and go for the appeal procedure. This procedure is firstly to ask for the claim to be looked at again (previously called a Review). If this also fails, you have a right to apply to an appeal Tribunal. This can be quite traumatic, especially if the "Bench" have no knowledge of Lupus and you cannot introduce any new evidence at this stage. (I always advise Lupus literature to be introduced at the "Look at it again stage", the more the better). Expert help is always advisable if you if you choose this procedure.

If you are successful with your application and awarded the Middle or Higher Rate Care Component, your "carer" can apply for Invalid Care Allowance. The criteria required is that this person cares for you for a minimum of 30 hours per week.

More information is available from:

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Claiming Incapacity Benefit and Disability Living Allowance

Disability; If you do not feel comfortable with this word, concentrate on the fact that these Benefits and Allowances recognise the problems and extra costs involved living with your condition. After all, YOU ARE THE IMPORTANT ONE.

Do not be put off by the length of the forms involved; you are an intelligent person who copes with life (well usually), so you won't be beaten by these claim packs.

When completing the form describe how things are on a bad day and if appropriate state that it varies, but describe your worst times. Consider keeping a Diary for a few weeks to note how you do things and the time it takes, including any recovery period afterwards. (This is always handy if you are visited by an Agency Doctor).

Imagine the person that receives your claim is a young trainee clerk who has little experience of life and has never heard of lupus. You will have to explain what you do and how you do it. In getting out of bed, for example, do you hang onto the bed head or bedside table/chair? Describe how you actually get out of bed. It seems tedious but it is worthwhile.

Do not be put off by people warning you of the hassle you are likely to have to endure, this is all part of the process. There are organisations in your Area that specialise in helping the vulnerable, (sick or elderly people), so use them.

If you have to Telephone the Benefits Agency for any reason, get the name of the person you are talking to and note the time and date. Also make a note of the main points of the conversation and any "promises" made.

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Further information

All relevant information on claiming benefits can be obtained from:

or you can contact them by phone or write to them

Tel: 020 7712 2171 (9.00am-5.00pm Monday-Friday)

Department for Work and Pensions
Correspondence Unit
Room 540
The Adelphi
1-11 John Adam Street
London
WC2N 6HT