I am worried that my benefits will reduce or stop due to the proposed Government cuts Expand The Government has published a Green Paper about the proposed changes which are: Personal Independence Payment (PIP) eligibility criteria; Abolishing the work capability assessment; Linking the health element of universal credit to PIP; and Rebalancing' the universal credit elements At present, we can’t advise how these changes will affect you individually, as the proposals and timeline could change, after which they will need to go through legislation. For example, it could be the case the proposed changes and stricter rules for entitlement are only applied to new claimants or those whose benefit is under review. Whilst it is totally understandable to be worried about the changes, nothing will change immediately. For more information: https://www.gov.uk/government/consultations/pathways-to-work-reforming-benefits-and-support-to-get-britain-working-green-paper
I am newly injured and don’t know when or if I will be able to return to work Expand You could be entitled to Statutory Sick Pay (SSP) if you are employed. You won’t get it for the first 3 days you’re off sick and the maximum it can be paid for is 28 weeks. If you have had an previous period of sickness with 8 weeks of your injury and paid SSP you will not have to serve the 3 waiting days. That period of sickness will count towards the 28 weeks maximum that SSP can be paid for. Your employer might pay you more than the statutory amount via contractual or company sick pay. You might get this from your first day off sick. It is important that you follow your employers rules about reporting sickness as if you don’t your employer can refuse to pay you SSP. Agency workers or casual workers could be entitled to SSP if you are working when injured. If you are self-employed you will not be entitled to SSP. https://www.citizensadvice.org.uk/work/sick-leave-and-sick-pay/check-if-you-can-get-sick-pay/
My employer has told me that I am not entitled to SSP or sick pay Expand Depending on your National Insurance Contributions record over the last two or three years you may entitled to New Style Employment Support Allowance (ESA). You cannot claim ESA whilst SSP is in payment, however it can be paid in addition to contractual or occupational sick pay. It is not a means tested benefit so is not affected by savings and most other income that you or your partner have. You will need a ‘fit note’ from your doctors to confirm the period you will not be able to work for. If there has been a delay in you being able to claim you can request backdating of up to three months. As part of the claim you will need to go through a work capability assessment. This involves having to complete a questionnaire and in most cases assessment. The outcome will determine if you can continue receiving the benefit and at which rate. More information is available via https://www.gov.uk/employment-support-allowance
My income has reduced since I was injured and I am struggling to pay bills Expand Universal Credit (UC) could help. It is a means-tested benefit for those on low incomes and depending on their circumstances. It can help top up statutory sick pay, occupational sick pay or other benefits. The amount you will be paid depends on factors such as if you are single or in a couple, have children, disability, rental liability, your income and savings. If you are in receipt of the certain other benefits (known as legacy benefits) you cannot be paid both. The legacy benefits are housing benefit, tax credits, income support, income related employment support allowance and income related jobseekers allowance. If you are in receipt of one of these then you should request a benefits check as you could be financially worse off by claiming UC. https://www.citizensadvice.org.uk/benefits/universal-credit/before-you-apply/what-universal-credit-is/ https://www.gov.uk/universal-credit/eligibility
I have been told that I am entitled to disability benefits. What are they and how do I claim? Expand There are four main disability benefits: Personal Independence Payment (PIP) Attendance Allowance (AA) Disability Living Allowance (DLA) Adult Disability Payment (ADP) - only in Scotland They are based on long term difficulties due to an illness or disability and not affected by earnings, most other benefits, income or savings. These benefits cannot be claimed or paid at the same time. Prior to PIP being introduced Disability Living Allowance (DLA) was the main disability benefit. It is not possible to make a claim for DLA now unless you are under 16. Most people who were on DLA have had to claim PIP instead. Some adults are still on DLA, so if you are and your needs have changed due to a spinal cord injury you should seek advice before claiming PIP. PIP or Adult Disability Payment can be claimed by those who are under state pension age. If you are awarded it, then you can continue being paid even after pension age. You must have had care and mobility issues for a least three months before a claim is made. Therefore, unless you had these needs before your injury you will need to be three months post injury before making a claim. However, if you have a terminal illness you may be able to claim straight away under ‘special rules’. If you are over state pension age and not already in receipt of PIP, you will need to consider making a claim for Attendance Allowance. There is a qualifying period of six months which means you must have the needs for at least that time. Whilst claims can be made whilst you are an inpatient you will not receive a payment whilst in hospital or in some cases a care/ nursing home. If you are on any of these benefits already it is important to notify the Department of Work and Pensions of the start date of your admission as this will avoid any overpayment issues in the future. https://www.gov.uk/pip https://www.gov.uk/attendance-allowance https://www.gov.uk/disability-living-allowance-children https://www.mygov.scot/adult-disability-payment
I am unhappy with the decision made by the DWP, what can I do? Expand You should ask for a mandatory reconsideration. When requesting the reconsideration you should clearly state why you are disputing the decision and if possible send in supporting evidence. If you're not happy with the outcome of the reconsideration, you can appeal to Her Majesty’s Courts and Tribunals Service (HMCTS). A tribunal panel will make a decision based on the facts and law. You can request either a paper or oral hearing. An oral hearing will normally be held at a venue near you where you and your representative will have the opportunity to present your case. Oral hearings have a higher success rate. Normally you have one month from the decision to request a mandatory reconsideration or an appeal . It is important to appeal in time otherwise you might lose the chance to challenge the decision. If you miss the deadline, a late request can be made if you have good reasons is accepted why it’s late. https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-benefit-decisions/challenging-a-decision-by-the-dwp-or-hmrc/