Your Rights

Disability Living Allowance

Summary: Disability benefit for people who become blind or partially sighted before the age of 65.

• Introduction
• Care Component
• Mobility Component
• How to claim DLA
• Completing DLA claim forms - general tips
• Completing DLA claim form - checklist
• What to do if your claim is turned down
• DLA and other benefits
• More information

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Introduction

Disability Living Allowance (DLA) is a benefit for people who need help with mobility or personal care or both. You must be under 65 when you first make your claim. DLA is tax free and can be paid irrespective of income, wages or savings. Once awarded, DLA can continue to be paid after you reach the age of 65. In addition, you must be a UK resident and have lived in the UK for no less than 26 weeks in the 52 weeks before you claim.

DLA consists of a Care component and a Mobility component. There are three weekly rates of payment for the Care component:

• Low rate care component: £18.65
• Middle rate care component: £47.10
• High rate care component: £70.35

And two weekly rates of payment for Mobility:

• Low rate mobility: £18.65
• High rate mobility: £49.10.

You can get a payment for care or mobility or for both. Many blind and partially sighted people qualify for the lowest rate of both components.

A claim could result in receipt of an extra £37.30 a week or more, tax-free, on top of any other earnings or benefits you get.

However nobody, including people registered as blind or partially sighted, has automatic entitlement to DLA. In order to receive benefit you have to make a claim and show that you meet certain criteria.

You do not have to have someone looking after you to qualify for DLA. It is your need for help that is important, not whether any help is actually being provided.

If you are applying for DLA on behalf of a child under 16 years old, please see Benefits for children for more information.

Care Component

If you have sight loss, every time you need help from another person, that could count as 'help with personal care'.

What is 'help with personal care'?

This may include:

• bathing and washing
• choosing clothes
• dressing
• cutting up food
• taking medication
• getting around indoors and outdoors
• reading personal mail
• recognising people and finding items
• or help with speaking and listening.

Personal care can also include help you need with social activities, leisure pursuits, or while working or studying. The help you need with seeing to do all these personal and other activities is relevant for the care component.

Lowest Rate Care Component

The lowest rate care component is worth £18.65 per week. It can be paid if you need help in either of two ways.

Firstly, if you need help to prepare a cooked main meal and are over 16 (this is known as the 'Cooking Test') or if you need some help with personal care for a significant part of the day.

You must need this sort of help for at least one hour a day, whether in one or several periods. Care needs related to disabilities other than sight loss are also relevant.

See the Checklist below for more examples of the kinds of care or attention needs that can count.

Personal care does not normally include help with domestic duties such as someone else doing shopping or housework for you.

Cooking Test

This looks at the help you need to prepare a cooked main meal for yourself, even if you can manage to prepare salads, convenience foods or snacks. For example, you may have difficulty checking that food has not gone off, chopping and peeling vegetables, using hot pans and cookers or reading labels and instructions.

Middle and Highest Rate Care Components

The two further rates of the care component are the middle rate, worth £47.10 a week, and the higher rate, worth £70.35 a week.

The middle rate is for people who have personal care needs or supervision, during the day or the night. The highest rate is for people who need care or supervision, both during the day and the night.

Care needs

To qualify for the middle rate of DLA care component you must need attention frequently throughout the day or meet the Night Time criteria (see below).

For the daytime it will generally mean showing that you need some help in the morning, some during the afternoon and some in the evening.

Supervision needs

It is also possible to get the middle rate if you need to have someone to watch over you to avoid danger. This could include watching over you to make sure you are safe when in the kitchen or the bathroom to make sure you don't fall, to supervise medication or monitor conditions such as diabetes. You must need 'supervision continually' but this does not have to be non-stop.

Night Time rules

You must need prolonged or repeated attention or need someone to be awake to watch over you for a prolonged period or at frequent intervals once you have gone to bed. For example, maybe you have to get up a few times every night to use the toilet and need someone to help you to get there safely.

Mobility Component

You will normally only qualify for the higher rate of the mobility component if you have an additional disability or illness that affects your ability to walk, no matter how severe your sight loss is. Therefore, most blind and partially sighted people only qualify for the lower rate of this component.

In March 2009, however the Government announced that the qualifying criteria for the higher rate of DLA mobility will be changed and this is likely to be implemented in 2011.

The new rules have not yet been published but it is likely that people with a very severe sight loss will qualify for the higher rate. Until the rules are changed, if you have a very severe sight loss you are likely to only qualify for the lower rate.

Lower Rate Mobility Component

The lower rate mobility component is £18.65 a week.

The lower rate is for people who need some help with getting around outdoors. If you are able to walk but need someone with you to make sure you are safe in unfamiliar places or to help you find your way around in unfamiliar places, you are likely to qualify.

Higher Rate Mobility Component

The higher rate of the mobility component is £49.10 a week.

If you are registered blind and have a severe hearing loss you may get the higher rate of mobility component for the help you need to get around outdoors. You do not need to be totally deaf or without sight to qualify. However, very specific criteria are used to determine which claimants can be counted as deaf-blind. Please get further advice if you believe this might apply to you.

People who cannot walk at all or who can hardly walk, perhaps because of severe pain or breathlessness, can also get the higher rate. So can people who should not exert themselves by walking because it is dangerous for them, for example if they have a heart condition.

People with very severe learning difficulties may also get the higher rate of mobility component but only if they qualify for the highest rate of care component and met other criteria.

How to claim DLA

Telephone the Benefits Enquiry Line (BEL) free on 0800 88 22 00 or the Disability Contact Processing Unit (DCPU) on

0845 712 3456 and ask for a DLA claim pack. If DLA is awarded it will start from the date of this phone call, as long as you return the form within six weeks. The form is available in large print if you ask for it.

You can also download or complete the claim forms online via the Government's Directgov website.

If you need help completing the pack, call BEL and ask for the forms completion service or home visiting service. DWP can provide transcripts of your answers to the questions on the claim form in large print or Braille.

We recommend that you complete the pack giving details of both care and mobility needs so that you are assessed for both components. Make sure your circumstances are well explained by completing the pack as fully as you can and detailing all the help that you require.

Completing DLA claim forms - general tips

1. Take your time

2. Give full and detailed answers – add additional pages where necessary

3. Don't underestimate your needs

4. Assessment of DLA is based on the amount of help that you need not the amount of help that you actually get

5. Some aspects of shopping and housework can be taken into account - eg if you need to be present when the domestic task is being undertaken

6. If you use special equipment or have a guide dog, explain the limitations of these

7. Mention any special circumstances such as other disabilities or long term health conditions.

Completing DLA claim form - checklist

This checklist gives examples of the kind of things to think about, relating to sight loss, when completing the claim pack. Remember these are examples – you should give plenty of information about your personal circumstances and the help you need.

Washing, bathing and looking after your appearance

Do you need help:

• to find and identify different bottles and items in the bathroom?
• to adjust shower controls?
• to get into or out of the bath?
• with shaving or putting on make-up?
• with washing, rinsing, drying or styling your hair?
• to safely cut finger and toe nails?
• putting toothpaste on the brush?

Do you need someone to act as a mirror to tell you:

• whether your clothes are clean and tidy?
• whether your hair and general appearance is well groomed?
• check whether socks and shoes are matching pairs?

Help with your toilet needs

Do you need:

• someone to guide you to the toilet safely?
• help to find the toilet and the wash basin in unfamiliar places?
• help to adjust or check your clothing after using the toilet?
• help to use the toilet during the night?

Getting dressed or undressed

Do you need:

• someone to help you find and choose clean, colour co-ordinated clothes, that are appropriate for the weather?
• help with fastenings, shoelaces, buttons, etc?
• someone to tell you if you are wearing a piece of clothing inside out, or wearing odd socks or mismatched footwear?

At mealtimes

Do you need someone to:

• describe the food on your plate and tell you where each item is?
• help you put the food on your plate?
• cut up certain foods and to remove bones or gristle?
• tell you if there is any food left on your plate?
• help you to find items on the table, eg condiments, drinks?
• help you to read menus or select food in restaurants?

Cooking

Do you need help to:

• read cooking instructions, recipes and use by dates?
• locate and identify items of food and utensils?
• peel or chop vegetables, or cut meat?
• distinguish between different ingredients?
• check that vegetables are properly washed?
• check whether food is properly cooked?
• check how much liquid is in a pan, eg boiling water?
• cope with hot pans, frying food and straining boiled food?
• use the cooker, microwave oven and any other kitchen equipment such as knives? Have you had accidents?
• avoid spilling liquids or sugar when making drinks?

Help with medical treatment

Do you need help to:

• find, identify and sort out your tablets?
• measure and pour medicine?
• read essential information, including information about safety and side effects?
• take eye drops?
• find dropped or spilled medication?
• manage diabetes, eg testing blood sugar, monitoring and recording results or having insulin injections?
• change the batteries in your hearing aid?

Getting around indoors

Do you need help to:

• move around in your own or other people's homes, and other places such as your workplace, college, clinics, restaurants etc?
• get upstairs or downstairs safely?
• avoid bumping into furniture, doors or other obstacles?
• deal with callers to the house, checking ID, signing receipts?
• cope with changes in the environment?

Getting around outside

Include details of the help you need with any journeys you make.

Try to list as many examples as possible of when you need help outdoors. The help you need with seeing, such as reading timetables, finding train platforms, finding a taxi rank or getting on the right bus may count.

Do you need help:

• to cross roads safely?
• to check road signs or to read street names?
• to avoid getting lost or getting into danger in unfamiliar areas?
• to avoid obstacles, eg lampposts, potholes, other pedestrians?
• to cope with kerbs, steps and stairs?
• to identify people in the street?
• do you need extra help at night, in poor light or in bright lights?

Accidents, falls and stumbles

Describe any accidents or falls you have had. State where you fell, any injuries and if you needed help afterwards, eg to get first aid? Mention if you stumble on obstacles or hazards indoors or outside, eg uneven paving.

Reading

Do you need help with:

• reading and replying to your personal mail?
• signing cheques and letters?
• reading instructions for household items or medication?
• reading newspapers and magazines?
• reading street names, bus numbers and timetables?
• reading items at work, eg reports, memos, letters, instructions?
• reading in connection with your studies or hobbies?
• identifying people, eg in the street, in social situations, callers to your home?

Social or leisure activities

Include activities that you would like to be able to do, even if you can't do them because you don't get the help you need.

Examples of activities could be:

• visiting friends and family
• going out for exercise or for fresh air
• playing bingo, board games or cards
• going to pubs, restaurants or theatres
• watching television and needing someone to describe or explain what is happening during a programme or film
• identifying tapes or compact discs
• sports, going to a gym, jogging, swimming
• going to a place of worship and following the service
• doing voluntary or community work
• reading for leisure, crossword puzzles etc
• gardening.

This can include:

• help to locate and use items to pursue a hobby
• help to read notices, instructions, and other information
• help with handling money and buying tickets, drinks, etc
• having surroundings described to you and being told who is present
• being guided inside and outside when carrying out activities
• coping with public transport
• finding the gents or ladies toilet in unfamiliar places.

What to do if your claim is turned down

Don't despair - sometimes the DWP makes the wrong decision, even if the claim pack has been filled in well. You can challenge a decision that you disagree with.

In most cases the time limit for doing this is just one month from the date on the decision letter, so act quickly and seek advice immediately.

If you are refused DLA or if your needs change, you have the right to ask the Disability Benefits Centre to look at your claim again.

Alternatively, you can ask an independent appeal tribunal to reconsider the award you have been given. If your claim is unsuccessful:

• contact RNIB for advice
• and see Challenging a decision about DLA and Attendance Allowance.

DLA and other benefits

If you get:

• Income Support
• Pension Credit
• Employment and Support Allowance
• Housing Benefit
• Council Tax Benefit.

You may find you get more benefit once you get DLA.

If you are successful in claiming DLA and do not already get these benefits, you should seek advice about claiming them.

If you already get the benefits when you are awarded DLA, check whether you can get higher amounts of these. Tell the offices that pay these benefits about your DLA award.

More information

If you experience difficulties claiming any of the benefits mentioned, disagree with a decision or want further information, please contact us for help and advice.

Whatever your enquiry, our specialist Helpline team provide a direct line to the support, advice and products available for people living with sight loss.

RNIB Helpline
Telephone 0303 123 9999
Email helpline@rnib.org.uk

Please note that we can only give advice about benefits for people with sight loss and their carers or dependants.

This information gives general guidance only and is not an authoritative statement of the law.

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Content author: helpline@rnib.org.uk

Last updated: 15/06/2009 14:24