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Welfare Rights Welfare Rights Benefit Training Benefit Training 2013 2013

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Page 1: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

Welfare Rights Welfare Rights

Benefit Training Benefit Training

20132013

Page 2: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

DISABILITY LIVING DISABILITY LIVING ALLOWANCE (DLA)ALLOWANCE (DLA)

CHANGES TO CHANGES TO

PERSONAL INDEPENDENCE PERSONAL INDEPENDENCE PAYMENT (PIP)PAYMENT (PIP)

Page 3: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

What is PIP?What is PIP?

The personal independence payment (PIP) replaces working The personal independence payment (PIP) replaces working age Disability Living Allowance (DLA) from 8 April 2013. The age Disability Living Allowance (DLA) from 8 April 2013. The change applies across the UK.change applies across the UK.

What are the rules for PIP?What are the rules for PIP?

To get the personal independence payment you must:To get the personal independence payment you must:

Be age 16 - 64Be age 16 - 64

Satisfy the daily living and/or mobility activities test for 3 months Satisfy the daily living and/or mobility activities test for 3 months prior to claiming and be likely to continue to satisfy this test for a prior to claiming and be likely to continue to satisfy this test for a period of at least 9 months after claiming.period of at least 9 months after claiming.

Page 4: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

Residence and presence tests

In order to claim personal independence normally you must:

Have been present in Great Britain for 104 weeks out of the 156 weeks before claiming (2 out of the last 3 years) and be habitually resident

You will not be able to claim PIP once you are 65 years old but You will not be able to claim PIP once you are 65 years old but you will be able to stay on PIP if you claimed or received it you will be able to stay on PIP if you claimed or received it before you reached the age of 65. before you reached the age of 65.

If you are over 65 and become disabled for the first time you can If you are over 65 and become disabled for the first time you can still claim Attendance Allowancestill claim Attendance Allowance

You can receive PIP whether you are in or out of work.You can receive PIP whether you are in or out of work.

Page 5: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

12. In order to qualify for PIP you will have to score a certainnumber of points in relation to 12 activities. These are:

1 Preparing food. 2 Taking nutrition.3 Managing therapy or monitoring a health condition 4 Washing and bathing.5 Managing toilet needs or incontinence.6 Dressing and undressing.7 Communicating verbally. 8 Reading and understanding signs, symbols and words.9 Engaging with other people face to face.10 Making budgeting decisions.

11 Planning and following journeys. (Used in the test for the mobility component)12 Moving around. (Used in the test for the mobility component)

Page 6: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

Each activity 1 – 12 above has a set of descriptors.

Points are awarded for each activity that you cannot do based on whether you fit a descriptor within those activities.

You can score points for more than one activity but If more than one descriptor applies in any activity you will be awarded whichever descriptor gives you the most points.

If you can show that a descriptor applies to you for 6 months within a 12 month period you will be awarded the appropriate points.

Page 7: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

How will the activities tests be applied?

In most cases you will be asked to attend a face-to-face consultation with an independent healthcare professional (HCP).

At the consultation the HCP looks at your ability to carry out the PIP activities.

The HCP will look at your claim form and any medical evidence from your GP or consultant, if you have one.

You will be able to take someone with you to the consultation such as a family member or carer.

Page 8: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

Following the consultation the HCP will advise a benefit decision maker at the Department for Work and Pensions who will be the one who actually decides if you are entitled to PIP and which component applies if any.

The decision maker will also decide the length of your award and the date when it will be reviewed, based on the likelihood of your health condition or

impairment changing.

Page 9: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

Depending on your circumstances you may get a short award of up to 2 years or a longer award lasting up to 5 or 10 years.

If you are given a longer award you may still be contacted, during this time, to see if your needs have changed.

Two organisations are responsible for carrying out consultations.

Atos IT Services will carry out assessments in London, Southern England, the North East, the North West England and Scotland

Atos will be working in partnership with NHS Lanarkshire, private hospitals and national networks of locally-based health professionals, such as physiotherapists, using their premises to undertake face-to-face consultations.

Capita Business Services Ltd will carry out assessments in Central England, Wales and Northern Ireland  

Page 10: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

2. How much is PIP?

The weekly amounts of PIP are:

Daily living component

Standard rate – If you have a limited ability to carry out daily living activities - £53.00

Enhanced rate – If you have a severely limited ability to carry out daily living activities - £79.15

Mobility component  

Standard rate – If you have limited mobility - £21.00

Enhanced rate - If you have severely limited mobility - £55.25

Page 11: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

The entitlement thresholds (pass mark) for the rates and components of the PIP are:

Daily Living component (activities 1 to 10)

Standard rate £53 weekly: 8+ points

Enhanced rate £79.15 weekly: 12+ points

Mobility component (activities 11 to 12)

Standard rate £21 weekly: 8+ points

Enhanced rate £55.25 weekly: 12+ points

Page 12: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

DS1500 cases

If you have a terminal illness (that is if you are suffering from a progressive disease where death can be expected within 6 months) you will automatically receive the daily living component enhanced rate £79.15 weekly.

If you are terminally ill you only have to be present in the UK at the date of claim with no waiting period either

You will also be able to apply for the mobility component and receive it immediately if you qualify.

Page 13: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

As with DLA PIP will stop if you have been in hospital for over 28 days

If you are in a care home you will be entitled to the mobility component so long as you satisfy the qualifying conditions.

If you are paid PIP you are free to spend the money in the way that suits you best.

Page 14: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

PIP 'delivery timetable' is -

From 8 April 2013:

New claims for PIP will be taken in a 'controlled start area' in the North West and part of the North East of England.

Postcodes affected are: BL, CA, CH (except CH5, CH6, CH7 and CH8), CW, DH, DL (except DL6, DL7, DL8, DL9, DL10 and DL11), FY, L, LA (except LA27, LA28, LA62 and LA63), M, NE, PR, SR, TS (except TS9), WA and WN.

Page 15: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

From June 2013:

New claims for PIP will be taken in all remaining areas of Great Britain.

I would expect a massive take up campaign locally now to get as many people onto DLA before its abolished for new claims from June 2013?

Page 16: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

From October 2013:

Reassessment for PIP begins for existing Disability Living Allowance (DLA) claimants reporting a change in their condition

The DWP will also start contacting those reaching the end of fixed period DLA awards and young people turning 16 years of age.

Page 17: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

From October 2015:

All remaining claimants already in receipt of a DLA award will be invited to make a claim for PIP.

DWP will randomly select those recipients of DLA in receipt of an indefinite award or a fixed term award and notify them about what they need to do to claim PIP.

Page 18: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

The DWP will prioritise existing DLA recipients who have turned 65 after 8 April 2013, when PIP was first introduced.

DLA will remain in payment for all claimants until a decision on PIP has been communicated to the claimant.

Page 19: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

10,370 claimants of DLA in 10,370 claimants of DLA in D&G who are under 65D&G who are under 65

Page 20: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

DWP say no Employment DWP say no Employment Support Allowance medical Support Allowance medical evidence will be used to assess evidence will be used to assess PIP claimsPIP claims

Page 21: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

428,000 fewer working-age disabled people will qualify for the higher mobility PIP rate (which allows access to the Motability scheme) by 2018

Page 22: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

Claimants have to be unable to walk for 20munaided. Previously, the distance was 50m.

There could be 160,000 fewer Motability cars on the road by 2018.

A loss of 5,692 car industry related jobs

Distance, time, speed and manner of walking removed for now

Page 23: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

People’s ability to undertake tasks People’s ability to undertake tasks ‘reliably, repeatedly, safely and in a ‘reliably, repeatedly, safely and in a timely manner’ into the regulations for timely manner’ into the regulations for PIP, which will ensure both PIP, which will ensure both assessments and appeal hearings assessments and appeal hearings consistently take account of factors consistently take account of factors such as pain, fatigue, breathlessness such as pain, fatigue, breathlessness and other symptoms generated by and other symptoms generated by undertaking tasks.undertaking tasks.

Page 24: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

The claim process (new claims)The claim process (new claims)

Step 1:Step 1:

Claims can be made by calling DWP on an 0800 number.

Paper claim forms will be by exception for those claimants that are unable to make a claim by phone.

The initial information required to make a claim for PIP will be basic information covering:

The claimant’s personal and contact details Residency details (known as residency and presence) Relevant periods spent in hospital, residential care Claims under special rules for terminally ill people, and

Payment (bank account) details

Page 25: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

Step 2:

A ‘How your disability affects you’ form is then posted to the claimant.

This allows the claimant to explain how their condition affects them in their own words.

It is individually addressed and barcoded to speed up processing when it is returned and only usable by them.

Page 26: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

Any additional evidence that may help and support the claim can be returned with this form.

The form and any supporting evidence is returned to DWP in a freepost envelope.

Page 27: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

Step 3: The Assessment

The claim information, completed form and any additional evidence is passed over to a health professional. Step 4: The health professional will decide if there is a need for any further evidence and will make all the arrangements to get this.

Some assessments may be completed at this stage, such as if someone is claiming under the special rules for the terminally ill or where the written evidence is sufficient.

Most will be asked to attend a face-to-face consultation.

Page 28: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

The points scoring systemThe points scoring system

Daily Living component (activities 1 to 10)

Standard rate £53 weekly: 8+ points

Enhanced rate £79.15 weekly: 12+ points

Page 29: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

DAILY LIVING ACTIVITIESDAILY LIVING ACTIVITIES

1. Preparing food.1. Preparing food.

a. Can prepare and cook a simple meal unaided. a. Can prepare and cook a simple meal unaided. 0 points.0 points.

b. Needs to use an aid or appliance to be able to either prepare b. Needs to use an aid or appliance to be able to either prepare or cook a simple meal. or cook a simple meal. 2 points.2 points.

c. Cannot cook a simple meal using a conventional cooker but is c. Cannot cook a simple meal using a conventional cooker but is able to do so using a microwave. able to do so using a microwave. 2 points2 points

d. Needs prompting to be able to either prepare or cook a simple d. Needs prompting to be able to either prepare or cook a simple meal. meal. 2 points.2 points.

e. Needs supervision or assistance to either prepare or cook a e. Needs supervision or assistance to either prepare or cook a simple meal. simple meal. 4 points.4 points.

f. Cannot prepare and cook food. f. Cannot prepare and cook food. 8 points.8 points.

Page 30: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

2. Taking nutrition.2. Taking nutrition.

a Can take nutrition unaided. a Can take nutrition unaided. 0 points.0 points.

b Needs –b Needs –(i) to use an aid or appliance to be able to take nutrition; or(i) to use an aid or appliance to be able to take nutrition; or(ii) supervision to be able to take nutrition; or(ii) supervision to be able to take nutrition; or(iii) assistance to be able to cut up food. (iii) assistance to be able to cut up food. 2 points.2 points.

c Needs a therapeutic source to be able to take nutrition. c Needs a therapeutic source to be able to take nutrition. 2 2 points.points.

d Needs prompting to be able to take nutrition. d Needs prompting to be able to take nutrition. 4 points.4 points.

e Needs assistance to be able to manage a therapeutic e Needs assistance to be able to manage a therapeutic source to take nutrition. source to take nutrition. 6 points.6 points.

f Cannot convey food and drink to their mouth and needs f Cannot convey food and drink to their mouth and needs another person to do so. another person to do so. 10 points.10 points.

Page 31: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

3. Managing therapy or monitoring a health condition.3. Managing therapy or monitoring a health condition.

a. Either –a. Either –(i) does not receive medication or therapy or need to (i) does not receive medication or therapy or need to monitor a health condition; or monitor a health condition; or (ii) can manage medication or therapy or monitor a health (ii) can manage medication or therapy or monitor a health condition unaided. condition unaided. 0 points.0 points.

b. Needs either –b. Needs either –(i) to use an aid or appliance to be able to manage (i) to use an aid or appliance to be able to manage medication; or medication; or (ii) supervision, prompting or assistance to be able to (ii) supervision, prompting or assistance to be able to manage medication or monitor a health condition. manage medication or monitor a health condition. 1 point.1 point.

c. Needs supervision, prompting or assistance to be able to c. Needs supervision, prompting or assistance to be able to manage therapy that takes no more than 3.5 hours a week. manage therapy that takes no more than 3.5 hours a week. 2 points.2 points.

Page 32: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

3. Managing therapy or monitoring a health 3. Managing therapy or monitoring a health condition continuedcondition continued

d. Needs supervision, prompting or assistance to be able to manage therapy that takes more than 3.5 but no more than 7 hours a week. 4 points.

e. Needs supervision, prompting or assistance to be able to manage therapy that takes more than 7 but no more than 14 hours a week. 6 points.

f. Needs supervision, prompting or assistance to be able to manage therapy that takes more than 14 hours a week. 8 points.

Page 33: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

4. Washing and bathing.

a. Can wash and bathe unaided. 0 points.

b. Needs to use an aid or appliance to be able to wash or bathe. 2 points.

c. Needs supervision or prompting to be able to wash or bathe. 2 points.

d. Needs assistance to be able to wash either their hair or body below the waist. 2 points.

e. Needs assistance to be able to get in or out of a bath or shower. 3 points.

f. Needs assistance to be able to wash their body between the shoulders and waist. 4 points.

g. Cannot wash and bathe at all and needs another person to wash

their entire body. 8 points..

Page 34: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

5. Managing toilet needs or incontinence.

a. Can manage toilet needs or incontinence unaided. 0 points.

b. Needs to use an aid or appliance to be able to manage toilet needs or incontinence. 2 points.

c. Needs supervision or prompting to be able to manage toilet needs. 2 points.

d. Needs assistance to be able to manage toilet needs. 4 points.

e. Needs assistance to be able to manage incontinence of either bladder or bowel. 6 points.

f. Needs assistance to be able to manage incontinence of both

bladder and bowel. 8 points.

Page 35: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

6. Dressing and undressing.

a. Can dress and undress unaided. 0 points.

b. Needs to use an aid or appliance to be able to dress or undress. 2 points.

c. Needs either -(i) prompting to be able to dress, undress or determine appropriate circumstances for remaining clothed; or (ii) prompting or assistance to be able to select appropriate clothing. 2 points.

d. Needs assistance to be able to dress or undress their lower body. 2 points.

e. Needs assistance to be able to dress or undress their upper body. 4 points.

f. Cannot dress or undress at all. 8 points.

Page 36: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

7. Communicating verbally.

a. Can express and understand verbal information unaided. 0 points.

b. Needs to use an aid or appliance to be able to speak or hear. 2 points.

c. Needs communication support to be able to express or understand complex verbal information. 4 points.

d. Needs communication support to be able to express or understand basic verbal information. 8 points.

e. Cannot express or understand verbal information at all even with communication support. 12 points.

Page 37: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

8. Reading and understanding signs, symbols and words.

a. Can read and understand basic and complex written information either unaided or using spectacles or contact lenses. 0 points.

b. Needs to use an aid or appliance, other than spectacles or contact lenses, to be able to read or understand either basic or complex written information. 2 points.

c. Needs prompting to be able to read or understand complex written information. 2 points.

d. Needs prompting to be able to read or understand basic written information. 4 points.

e. Cannot read or understand signs, symbols or words at all.

8 points.

Page 38: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

9. Engaging with other people face to face.

a. Can engage with other people unaided. 0 points.

b. Needs prompting to be able to engage with other people. 2 points.

c. Needs social support to be able to engage with other people. 4 points.

d. Cannot engage with other people due to such engagement causing either – (i) overwhelming psychological distress to the claimant; or (ii) the claimant to exhibit behaviour which would result in a substantial risk of harm to the claimant or another

person. 8 points.

Page 39: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

10. Making budgeting decisions.

a. Can manage complex budgeting decisions unaided. 0 points.

b. Needs prompting or assistance to be able to make complex budgeting decisions. 2 points.

c. Needs prompting or assistance to be able to make simple budgeting decisions. 4 points.

d. Cannot make any budgeting decisions at all. 6 points.

Page 40: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

The points scoring systemThe points scoring system

Mobility component (activities 11 to 12)

Standard rate £21 weekly: 8+ points

Enhanced rate £55.25 weekly: 12+ points

Page 41: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

MOBILITY ACTIVITIES

11. Planning and following journeys.

a. Can plan and follow the route of a journey unaided. 0 points.

b. Needs prompting to be able to undertake any journey to avoid overwhelming psychological distress to the claimant. 4 points.

c. Cannot plan the route of a journey. 8 points.

Page 42: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

MOBILITY ACTIVITIES Continued

d. Cannot follow the route of an unfamiliar journey without another person, assistance dog or orientation aid. 10 points.

e. Cannot undertake any journey because it would cause overwhelming psychological distress to the claimant. 10 points.

f. Cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid. 12 points.

Page 43: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

12. Moving around.

a. Can stand and then move more than 200 metres, either aided or unaided. 0 points.

b. Can stand and then move more than 50 metres but no more than 200 metres, either aided or unaided. 4 points.

c. Can stand and then move unaided more than 20 metres but no more than 50 metres. 8 points.

Page 44: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

12. Moving around continued

d. Can stand and then move using an aid or appliance more than 20 metres but no more than 50 metres. 10 points.

e. Can stand and then move more than 1 metre but no more than 20 metres, either aided or unaided. 12 points.

f. Cannot, either aided or unaided, –(i) stand; or(ii) move more than 1 metre. 12 points.

Page 45: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

Reliably, in a timely fashion, repeatedly and safely

An individual must be able to complete an activity descriptor reliably, in a timely fashion, repeatedly and safely; and where indicated, using aids and appliances or with support from another person (or, for activity 10, a support dog).

Otherwise they should be considered unable to complete the activity described at that level.

Page 46: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

Reliably means to a reasonable standard.

In a timely fashion means in less than twice the time it would take for an individual without any impairment.

Repeatedly means completed as often during the day as the individual activity requires. Consideration needs to be given to the cumulative effects of symptoms such as pain and fatigue – i.e. whether completing the activity adversely affects the individual’s ability to subsequently complete other activities.

Safely means in a fashion that is unlikely to cause harm to the individual, either directly or through vulnerability to the actions of others; or to another person.

Page 47: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

Risk and SafetyWhen considering whether an activity can be undertaken safely it is important to consider the risk of a serious adverse event occurring. However, the risk that a serious adverse event may occur due to impairments is insufficient – there has to be evidence that if the activity was undertaken, the adverse event is likely to occur.

Aids and appliances

The assessment will take some account of aids and appliances which are used in everyday life. In this context:

Aids are devices that help a performance of a function, for example, walking sticks or spectacles.

Page 48: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

Appliances are devices that provide or replace a missing function, for example artificial limbs, collecting devices (stomas) and wheelchairs.

The assessment will take into account aids and appliances that individuals normally use and low cost, commonly available ones which someone with their impairment might reasonably be expected to use, even if not normally used.

Individuals who use or could reasonably be expected to use aids to carry out an activity will generally receive a higher scoring descriptor than those who can carry out the activity unaided.

Page 49: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

Support dogs

We recognise that guide, hearing and dual sensory dogs are not ‘aids’ but have attempted to ensure that the descriptors capture the additional barriers and costs of needing such a dog where they are required to enable individuals to follow a journey safely.

Support from other people

The assessment will take into account where individuals need the support of another person or persons to carry out an activity – including where that person has to carry out the activity for them in its entirety. The criteria refer to three types of support:

Page 50: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

Assistance is support that requires the presence and physical intervention of another person i.e. actually doing some or all of the task in question. This specifically excludes non-physical intervention such as prompting or supervision which are defined below. To apply, this only needs to be required for part of the activity.

Prompting is support provided by reminding or encouraging an individual to undertake or complete a task but not physically helping them. To apply, this only needs to be required for part of the activity.

Page 51: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

Supervision is a need for the continuous presence of another person to avoid a serious adverse event from occurring to the individual. There must be evidence that any risk would be likely to occur in the absence of such supervision. To apply, this must be required for the full duration of the activity.

Unaided

Within the assessment criteria, the ability to perform an activity ‘unaided’ means without either the use of aids or appliances or assistance / prompting / supervision from another person.

Page 52: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

Epilepsy

Epilepsy is a marked example of a fluctuating condition where an individual can have no functional limitation one minute and considerable limitation the next. Assessment should be based on the impact this causes.

Key to assessing individuals with epilepsy is the consideration of risk. Within each activity, the relevant descriptor should apply to a person with epilepsy if there is evidence that a serious adverse event is likely to occur if the person carried out the activity in that descriptor. It is essential to consider the likely effects of any seizure – type and frequency of fit, associated behaviour, the post-ictal phase and whether there is likely to be sufficient warning to mitigate any risk of danger.

Page 53: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

Appeal rights:

At the moment, if you want to dispute a benefit decision made by the DWP you can:

Ask them to look at it again. This is called asking for a revision / reconsideration If you ask for a revision first, and you're unhappy about the result, you can then appeal.

Or you can decide to appeal without asking for a revision first.

GL24 form needed to appeal

Page 54: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

Appeal rights from April 2013:

You'll only have a right to appeal against a Personal Independent Payment (PIP) decision after the DWP has looked at it again. This will apply to other benefits from October 2013.

If you then decide to appeal, you'll have to apply directly to the HM Courts and Tribunals Service, rather than going through the DWP as you must now.

The one month time limit still applies

Page 55: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

Passport benefits

See paper guide

Page 56: Welfare Rights Benefit Training 2013 DISABILITY LIVING ALLOWANCE (DLA) CHANGES TO PERSONAL INDEPENDENCE PAYMENT (PIP)

BEDROOM TAXBEDROOM TAX

1212thth March 2013 March 2013

It has been announced that It has been announced that there may be exemptions from there may be exemptions from

the bedroom tax for foster the bedroom tax for foster carers wait and see!carers wait and see!

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BEDROOM TAX: April 2013BEDROOM TAX: April 2013

This new change is ONLY for tenants of Council and other SocialThis new change is ONLY for tenants of Council and other SocialLandlords in our area the main ones include DGHP, Loreburn Housing, Landlords in our area the main ones include DGHP, Loreburn Housing, Irvine Housing and Home In ScotlandIrvine Housing and Home In Scotland

If tenants of working age (Under Pension Credit age currently 61.5 or If tenants of working age (Under Pension Credit age currently 61.5 or born after 5/10/51 at April 2013) have extra bedrooms they could lose born after 5/10/51 at April 2013) have extra bedrooms they could lose some or all of their existing Housing Benefit, so it is down to D&G some or all of their existing Housing Benefit, so it is down to D&G Council to stop or reduce peoples on-going Housing Benefit from April. Council to stop or reduce peoples on-going Housing Benefit from April.

Once Universal Credit (UC) applies to the claimant it will be the on-going Once Universal Credit (UC) applies to the claimant it will be the on-going UC that will be reduced.UC that will be reduced.

Once UC is fully up and running there may be no Housing BenefitOnce UC is fully up and running there may be no Housing Benefitdepartments needed in any Councils departments needed in any Councils

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From April 2013

Social housing tenants of working age with one or more spare bedrooms will have their housing benefit reduced by a fixed percentage of:

14% if they have one spare room

25% if they have two or more spare rooms

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Bedrooms allowed?Bedrooms allowed?

* One bedroom for each adult couple* One bedroom for each adult couple

* Any other person over 16* Any other person over 16

* Two children of the same sex who are both under 16* Two children of the same sex who are both under 16

* Any two children under 10* Any two children under 10

* Any other child* Any other child

* A Carer who is required to stay overnight on a regular * A Carer who is required to stay overnight on a regular basis to care for a disabled person and who has their own basis to care for a disabled person and who has their own home elsewherehome elsewhere

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No reduction will apply if: No reduction will apply if: During the last year you have worked and not had any During the last year you have worked and not had any help with your rent, no reduction will apply for 13 help with your rent, no reduction will apply for 13 weeks.weeks.

A family member has died leaving you with an extra A family member has died leaving you with an extra bedroom, no reduction will apply for 12 months.bedroom, no reduction will apply for 12 months.

You have a shared ownership property.You have a shared ownership property.

You are in temporary (Normally) homeless You are in temporary (Normally) homeless accommodation provided by the Council, the full HB accommodation provided by the Council, the full HB paid will count towards the benefit cap though.paid will count towards the benefit cap though.

Other exempt accommodationOther exempt accommodation

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Examples:Examples:

Single parent with three children, boy 7, boy 12, Single parent with three children, boy 7, boy 12, boy 14 Mum needs a three bedroom property the 2 boy 14 Mum needs a three bedroom property the 2 boys under 16 can share.boys under 16 can share.

Couple with two children, boy aged 11 girl aged 6, Couple with two children, boy aged 11 girl aged 6, they need a three bedroom property, children off they need a three bedroom property, children off opposite sex can share if under 10 but as the boy opposite sex can share if under 10 but as the boy is 11 he needs his own bedroom. is 11 he needs his own bedroom.

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Couple with two children, boy aged 15 and a baby Couple with two children, boy aged 15 and a baby boy aged 11 months, two children off the same sex boy aged 11 months, two children off the same sex under 16 can share, mum needs a two bedroom under 16 can share, mum needs a two bedroom property. Once the child turn 16 they will need a property. Once the child turn 16 they will need a three bedroom property as anyone over 16 needs three bedroom property as anyone over 16 needs their own room.their own room.

Single parent with two severely disabled twin boys Single parent with two severely disabled twin boys aged 13, both boys have wheelchairs and live in a aged 13, both boys have wheelchairs and live in a specially adapted four bedroom house which has specially adapted four bedroom house which has been extended with two extra bedrooms added on been extended with two extra bedrooms added on the ground level for the wheelchair users?the ground level for the wheelchair users?

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This tax will hit foster carers who have spare This tax will hit foster carers who have spare bedroom/s for when they foster.bedroom/s for when they foster.

People who share the care of children and have People who share the care of children and have extra bedrooms for when they live thereextra bedrooms for when they live there

Disabled who are unable to sleep with partners Disabled who are unable to sleep with partners due to disability and use the spare room.due to disability and use the spare room.

Disabled who need an extra bedroom for Dialysis Disabled who need an extra bedroom for Dialysis or other treatments or therapiesor other treatments or therapies

People who have extended and added an extra People who have extended and added an extra bedroom for a disabled child ectbedroom for a disabled child ect

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How Much?How Much?

Mums rent is £100 weekly Mums rent is £100 weekly

She is on Income Support as a Carer for her She is on Income Support as a Carer for her disabled son aged 8, she also has another son disabled son aged 8, she also has another son aged 14 aged 14

Full Housing Benefit is paid at £100 weekly to Full Housing Benefit is paid at £100 weekly to cover her full rent cover her full rent

She is with DGHP and has a three bedrooms She is with DGHP and has a three bedrooms propertyproperty

What if anything will she lose?What if anything will she lose?

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As the two boys are under 16 they can As the two boys are under 16 they can share a bedroom so mum needs a two share a bedroom so mum needs a two bedroom property, leaving her with one bedroom property, leaving her with one extra bedroom.extra bedroom.

This extra bedroom will cost her 14% of This extra bedroom will cost her 14% of her £100 weekly Housing Benefit her £100 weekly Housing Benefit meaning she will need to find £14 meaning she will need to find £14 weekly from April.weekly from April.

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How Much?How Much?

Mum & Dad live in this four bedroom property and Mum & Dad live in this four bedroom property and have done so for 35 years, all the family have now have done so for 35 years, all the family have now left home. left home.

Their full rent due to Home in Scotland is £100 Their full rent due to Home in Scotland is £100 weekly weekly

They do not get full help with this as dad works They do not get full help with this as dad works and earns £180 weekly, due to his low earnings and earns £180 weekly, due to his low earnings they do still get £60 weekly Housing Benefit help.they do still get £60 weekly Housing Benefit help.

How much if anything will they lose?How much if anything will they lose?

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They have three extra bedroom so the They have three extra bedroom so the maximum 25% reduction applies.maximum 25% reduction applies.

This 25% reduction is applied to their This 25% reduction is applied to their full rent due at £100 weekly and not to full rent due at £100 weekly and not to the actual Housing Benefit paid at £60 the actual Housing Benefit paid at £60 weekly. weekly.

So they will have to find £25 weekly not So they will have to find £25 weekly not the £15 you would expect?the £15 you would expect?

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How much?How much?

Dad is 55 and has means tested Employment Support Dad is 55 and has means tested Employment Support AllowanceAllowance

Mums only income is her old age pension and Mums only income is her old age pension and Disability Living Allowance Disability Living Allowance

They get full housing benefit at £100 weekly They get full housing benefit at £100 weekly

For their 3 bedroom Loreburn property For their 3 bedroom Loreburn property

They live with their 22 year old unemployed son They live with their 22 year old unemployed son

How much will they lose if anything?How much will they lose if anything?

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Nothing as mum is not of Nothing as mum is not of working age the bedroom tax working age the bedroom tax does not apply to them at this does not apply to them at this time.time.

This will change laterThis will change later

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How much?

Mum and dad have been foster carers to many children all their lives.

They have a 3 bedroom DGHP property getting full help with the £100 weekly rent via Housing Benefit

At this time they have two foster children (Brother and sister) boy is aged 14 and a girl aged 8 both have lived in this house for over 7 years.

How much will they lose if anything?

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Mum and dad have two foster children Mum and dad have two foster children

Both children need their own bedroom as a boy at Both children need their own bedroom as a boy at 14 and girl at 8 cannot share a bedroom 14 and girl at 8 cannot share a bedroom

You would expect that mum and dad would not You would expect that mum and dad would not lose anything as all three bedrooms are needed?lose anything as all three bedrooms are needed?

But foster children DO NOT COUNT But foster children DO NOT COUNT

So a 25% reduction applies as they are deemed to So a 25% reduction applies as they are deemed to have two extra bedroomshave two extra bedrooms

Mum and dad will lose 25% or £25 weeklyMum and dad will lose 25% or £25 weekly

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Discretionary Hardship Payments (DHP)Discretionary Hardship Payments (DHP)

Councils have been given large increases Councils have been given large increases in DHP funding to help people effected by in DHP funding to help people effected by the bedroom tax, always ask for this help.the bedroom tax, always ask for this help.

This is not a long term solution.This is not a long term solution.

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UNIVERSAL CREDITUNIVERSAL CREDIT

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Universal Credit (UC)Universal Credit (UC)

Universal credit is a new benefit that will be introduced from October 2013, replacing current means-tested benefits and tax credits for working-age people.

Although it will start in April in certain controlled areas in the north of England for Although it will start in April in certain controlled areas in the north of England for single JSA claimants.single JSA claimants.

It will be paid to people in or out of work.

It’s been confirmed that, for the full October launch, UC will be the first service to use It’s been confirmed that, for the full October launch, UC will be the first service to use the Identity Assurance Programme to identify claimants.the Identity Assurance Programme to identify claimants.

Claimants will choose which of these ‘Identity Providers’ to use and they will work with existing online accounts to verify the identity of the person before passing them onto DWP.

Identity Providers:

The Post Office, Cassidian, Digidentity, Experian, Ingeus, Mydex, Verizon and PaypalThe Post Office, Cassidian, Digidentity, Experian, Ingeus, Mydex, Verizon and Paypal

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October 2013 to April 2014

New claims for universal credit, to be introduced over thisperiod, possibly on a gradual basis by area.

No new income-based jobseeker’s allowance, income related employment and support allowance, incomesupport or housing benefit claims are accepted onceuniversal credit has been introduced in an area.

People moving from out-of-work benefits into worktransfer onto universal credit.

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April 2014

No new claims for tax credits (except for people over pension credit qualifying age)

April 2014 to October 2017

Existing claimants transfer to universal credit.

The following benefits will be abolished and replaced by universal credit:· income support;· income-based jobseeker’s allowance;· income-related employment and support allowance;· housing benefit;· child tax credit and working tax credit;· budgeting loans and crisis loan alignment payments – to be replaced by payments on account (an advance of universal credit) in cases of need.

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Benefits other than those listed above will remain

· contribution-based jobseeker’s allowance. The earnings rules will be aligned with universal credit;· contributory employment and support allowance. The earnings rules will be aligned with universal credit;· child benefit;· carer’s allowance;· bereavement allowance, bereavement payment and widowed parent’s allowance;· maternity allowance;· industrial injuries disablement benefit;· statutory maternity/adoption/paternity pay;· statutory sick pay;· maternity grants, funeral payments and cold weather payments – to be extended to people on universal credit

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Where one member of a couple reaches the qualifying age for pension credit and the other is of working age, they must continue to claim universal credit until both have reached pension credit qualifying age.

The capital rules will be the same as for income support, with lower and upper capital limits and tariff income assumed for capital between the limits.

This will exclude people with savings over £16,000.

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How much will universal credit be?

See charts

The universal credit amounts will be at a ‘similar level of support than the current system except:

The proposed amount for most disabled children is halved,

and

The amount for most disabled adults will be reduced due to the abolition of disability premiums.

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All claimants must accept a ‘claimant commitment’ as a condition of receiving universal credit. They will then be placed into one of the four following groups:

A. Claimants subject to no work-related requirements:

people with limited capability for work-related activity because of health or disability – ie, those in the support group for employment and support allowance;

lone parents or the lead carer in a couple with a child under one;

carers with regular and substantial caring responsibilities for a severely disabled person.

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B. Claimants subject to the work-focused interview requirement only:

lone parents or the lead carer in a couple with a child over one but below the age of fivelone foster carers or the lead carer in a fostering couple, with a foster child under the age of 16 This group will be expected to attend periodic interviews to discuss their plans for returning to the labour market.

C. Claimants subject to the work preparation requirement:

people with limited capability for work because of health or disability – ie, those in the work-related activity group for ESA; This group will be expected to take reasonable steps to prepare for work, such as attending a skills assessment, improving personal presentation, participating in training or an employment programme, and undertaking work experience or a work placement.

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D. Claimants subject to all work-related requirements:

everyone else - the default for claimants including lone parents and couples with children over the age of five.

This group will be subject to a work search requirement (including making applications and registering with employment agencies) and a work availability requirement (subject to limitations to be prescribed), as they would under jobseeker’s allowance.

Other qualifying conditions for each group may be prescribed. Each adult in a household will be placed into her/his own conditionality group depending on her/his individual situation.There will be a new concept of ‘in-work conditionality ’ where working claimants are required to look for more work unless they are earning at least the minimum wage x 35 hours a week (or less if reduced availability for work has been agreed)

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Payments will change from the current fortnightly payments to monthly payments in arrears, paid directly by the DWP into a claimant’s bank account, this will also include amounts for rent.

There will be provision to pay amounts differently if it appears necessary to protect the interests of the claimant, partner to child.

Claims will normally be made online with alternative access kept to a minimum. Subsequent contact will also be online, including claimants having access to an online account with details of their award and a facility for reporting changes of circumstances.

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BENEFIT CAPBENEFIT CAP

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Benefit CapBenefit Cap

From April 2013 a cap will be introduced on the From April 2013 a cap will be introduced on the total amount of benefit that working age people total amount of benefit that working age people can receive, pilot starts in London. can receive, pilot starts in London.

This will mean that workless households should no This will mean that workless households should no longer receive more in benefits than the average longer receive more in benefits than the average earnings of working households. earnings of working households.

The cap will be administered jointly by DWP and The cap will be administered jointly by DWP and local authorities through deductions from Housing local authorities through deductions from Housing Benefit payments. In the longer term it will form Benefit payments. In the longer term it will form part of the new part of the new Universal Credit system. system.

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What is the benefit cap?What is the benefit cap?

The benefit cap will mean that working age people can't The benefit cap will mean that working age people can't receive more than a set amount in benefits, even if they receive more than a set amount in benefits, even if they would otherwise be entitled. would otherwise be entitled.

The cap will be set at the average net earned income of The cap will be set at the average net earned income of working households. working households.

This is estimated currently to be £350 per week for a single This is estimated currently to be £350 per week for a single adult with no children and £500 per week for a couple or adult with no children and £500 per week for a couple or lone parent.lone parent.

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How will the cap be applied?How will the cap be applied?

When the cap is brought in it will be applied via the Housing When the cap is brought in it will be applied via the Housing Benefit system, so will be administered by Local Benefit system, so will be administered by Local Authorities. Authorities.

This means the effect of applying the cap will depend This means the effect of applying the cap will depend entirely on a household's Housing Benefit entitlement.entirely on a household's Housing Benefit entitlement.

A household receiving enough Housing Benefit to A household receiving enough Housing Benefit to apply the cap in full:apply the cap in full:

If a household is £50 per week above the benefit cap level, If a household is £50 per week above the benefit cap level, after income from all appropriate benefits are added after income from all appropriate benefits are added together, their Housing Benefit award will be reduced by together, their Housing Benefit award will be reduced by £50 per week to bring them within the benefit cap.£50 per week to bring them within the benefit cap.

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A household not receiving enough Housing Benefit to A household not receiving enough Housing Benefit to apply the cap in full:apply the cap in full:

If a household is £50 per week above the benefit cap level, If a household is £50 per week above the benefit cap level, but receive less than £50 per week in Housing Benefit, their but receive less than £50 per week in Housing Benefit, their Housing Benefit award will be reduced until just 50p Housing Benefit award will be reduced until just 50p remains.remains.

This means the household could still receive income from This means the household could still receive income from benefits which is higher than the benefit cap level.benefits which is higher than the benefit cap level.

A household receiving no Housing Benefit:A household receiving no Housing Benefit:

Some households may receive no Housing Benefit but still Some households may receive no Housing Benefit but still exceed the benefit cap level. These households will exceed the benefit cap level. These households will not have their benefit income reduced as the cap cannot be not have their benefit income reduced as the cap cannot be applied.applied.

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Once Once Universal CreditUniversal Credit is brought in (October 2013 pilot is brought in (October 2013 pilot starts) the benefit cap will be applied by restricting the starts) the benefit cap will be applied by restricting the Universal Credit payment. Universal Credit payment.

This will enable all households affected to be capped in full.This will enable all households affected to be capped in full.

Broadly, the cap will affect large families with several Broadly, the cap will affect large families with several children who are potentially in receipt of higher than children who are potentially in receipt of higher than average amounts of Child Tax Credit and are more likely to average amounts of Child Tax Credit and are more likely to live in larger homes meaning more Housing Benefit.live in larger homes meaning more Housing Benefit.

It is estimated that 27% of households affected will have 5 It is estimated that 27% of households affected will have 5 or more children. 69% will have 3 or more children.or more children. 69% will have 3 or more children.

However, smaller households may still be affected if they However, smaller households may still be affected if they live in high rent areas and are therefore receiving larger live in high rent areas and are therefore receiving larger

amounts in Housing Benefit.amounts in Housing Benefit.

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Which benefits are included in the cap?Which benefits are included in the cap?

Add together your income from the following benefits:Add together your income from the following benefits:

Bereavement Allowance Carer's AllowanceChild Benefit, Child Tax Credit, Employment Support Allowance (except support group) Guardian's Allowance Housing Benefit (HB) Income Support Industrial Injuries Disablement Benefit (except when getting Constant Attendance Allowance) Jobseeker's Allowance Maternity Allowance Reduced Earnings Allowance Severe Disablement Allowance Universal Credit Widowed Parent's Allowance

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Households that aren't affected by the cap?Households that aren't affected by the cap?          The cap won’t apply to households where a partner or any The cap won’t apply to households where a partner or any dependant child qualify for Working Tax Credit or receive dependant child qualify for Working Tax Credit or receive any of the following:any of the following:

Disability Living Allowance Disability Living Allowance Personal Independence Payment Personal Independence Payment Attendance Allowance Attendance Allowance Constant Attendance Allowance Constant Attendance Allowance Employment Support Allowance with support component Employment Support Allowance with support component Armed Forces Compensation Scheme payments Armed Forces Compensation Scheme payments War Pension Scheme payments (including War War Pension Scheme payments (including War Widow’s/Widower’s Pension and War disablement Widow’s/Widower’s Pension and War disablement Pension).Pension).

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Or Or

If you become unemployed after being employed for 12 If you become unemployed after being employed for 12 months continuously prior to claiming benefits. months continuously prior to claiming benefits.

In this case the household receives 9 months protection In this case the household receives 9 months protection from cap. from cap.

To date there is no current definition for what constitutes To date there is no current definition for what constitutes employment.employment.