What to claim if you’re ill or disabled
Lea flet
BENEFITS FOR
PEOPLE
WITH A DISABILITY
WHO START WORK
7
The information and benefit rates in this leaflet are correct at April 2001
Many benefits for disabled people are paid only if you are ‘incapable of work’ because of
an illness or disability. Because of this, starting work can have a major effect on your
benefits. The rules are complicated, so if you are not sure how they affect you, get further
advice.
On 13th April 1995 sickness benefit and invalidity benefit were replaced by incapacity
benefit. Many of the rules for other benefits for people incapable of work (e.g. severe
disablement allowance and income support) were changed at the same time. This leaflet
explains the rules for people who first claimed benefit as incapable of work after 13th April
1995. It also explains what happens to people who were getting benefit before 13th April
1995, and who start work now.
INCAPACITY BENEFIT (ICB) AND
SEVERE DISABLEMENT ALLOWANCE (SDA)
You get incapacity benefit (ICB) if you are incapable of work and have paid enough
national insurance contributions. The rules are explained in Leaflet 5 in this pack.
Severe disablement allowance (SDA) was abolished on 6th April 2001. Many people who
were entitled to the benefit before it was abolished will continue to receive it until they are
no longer incapable of work because of an illness or disability.
SDA and ICB are often paid with income support. If you get income support, make sure
you also read the part about income support in this leaflet.
What happens if I start work?
In some circumstances, you can keep getting ICB or SDA even if you start work.
If you started work after 13th April 1995 you can still get ICB or SDA if:
the work is “therapeutic”, and
you earn less than a set amount.
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What is ‘therapeutic’ work?
Work is therapeutic if it is:
for less than 16 hours a week and done because your doctor thinks it will help
your illness or stop it getting worse; or
part of a sheltered work scheme for people with disabilities; or
part of a treatment programme and is done under supervision at a hospital or
somewhere similar (it does not matter whether you are an in-patient or an out-
patient).
You need a letter from your doctor before you start work saying that the work is good for
you. Show this to the Benefits Agency to get their permission before you start work.
How much can I earn?
You can earn up to £60.50 a week. If you earn £60.50 a week or less, you can keep all
your incapacity benefit or severe disablement allowance. If you earn more than £60.50 a
week, your incapacity benefit or severe disablement allowance will stop completely.
Income tax, national insurance contributions and, in some cases, childcare costs are taken
off these earnings when working out how much you earn.
If your earnings vary from week to week the Benefits Agency may take an average of your
earnings.
How many hours can I work?
If the work is for a sheltered work scheme for people with disabilities or is done at a
hospital there is no restriction on the number of hours you can work. Otherwise, you must
work for less than 16 hours a week. If your working hours vary, the Benefits Agency will
take an average, usually over 4 weeks.
If you started work before 13th April 1995 there is no limit on the numbers of hours a week
you can work, but the earnings limit is still £60.50.
What if I stop getting incapacity benefit or severe
disablement allowance?
If you pay rent or council tax, you can claim housing benefit or council tax benefit if your
income is low enough, regardless of how many hours a week you work.
If your work is for 16 hours or more a week, you can get either disabled person’s tax
credit or working families’ tax credit if your earnings are low enough.
If your work is for less than 16 hours a week, you may be able to get income support or
income-based jobseeker’s allowance if your income is low enough.
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More information about these benefits is given below.
INCOME SUPPORT
Income support is a benefit that brings your income up to a minimum level, depending on
your age and circumstances. Usually, you cannot get income support if your savings are
more than £8,000. If you or your partner are over 60 the savings limit is £12,000. If you
are in a residential care or nursing home the savings limit is £16,000.
Many people on severe disablement allowance and some people on incapacity benefit can
claim income support to top-up their income.
Income support is worked out by adding together a set of allowances based on the
circumstances of your family. Most of your income is taken off the allowances and
whatever is left is paid to you as income support.
You get an allowance called the “disability premium” included in your income support
allowances if you are registered blind, or get disability living allowance or severe
disablement allowance, or have been treated as incapable of work for a year.
What happens to my income support if I start work?
Several things may happen to your income support if you start work. The following
questions should be asked:
How many hours a week will I work?
If you work less than 16 hours a week and your work is therapeutic, you can still get
income support if your wages are low enough. You must get both your doctor’s and
the Benefits Agency’s permission before starting work.
If you work 16 hours or more a week you can only continue to get income support if you
have a ‘reduced earnings capacity’ because of your disability. The Benefits Agency will
accept that you have a reduced earnings capacity if either:
your earnings are 75% or less of the amount a person without your disability could
expect to get for doing the same number of hours in the same job; or
you are only able to work 75% or less of the number of hours that someone without your
disability could be expected to work.
If you have a partner who works for less than 16 hours a week, they may be able to claim
income support for you both, as long as you work for less than 24 hours a week.
If you are a lone parent who has been on income support (or income-based jobseeker’s
allowance) for at least 6 months, you can continue to get income support for the first 2
weeks after you start working for 16 hours or more. Tell the Benefits Agency before you
start work.
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Will I still get the disability premium?
If you are registered blind or get attendance allowance or disability living allowance, you
will still get a disability premium if you qualify for income support after you start work.
Otherwise, you must show that the work you do is ‘therapeutic’. The rules for this are the
same as for severe disablement allowance and incapacity benefit (see above).
How much income support will I get?
If you still get a disability premium, a carer’s premium or you are a lone parent, you can
keep £20 a week of your net earnings. The rest of your earnings will be taken off your
income support. Otherwise, you can keep only £5 of your net earnings if you are a single
person, or £10 if you are a member of a couple.
Your earnings may mean that you will lose all your income support when you start work. If
you pay rent and/or council tax you should make sure you claim housing benefit and/or
council tax benefit from your local council as soon as income support stops. Read on for
details of these and other benefits you may be able to claim.
If income support payments are made towards your mortgage interest to your mortgage
lender, these continue for 4 weeks if your income support stops because you start work. If
you re-claim income support within 52 weeks payments to your mortgage lender will
resume from the first day of your new claim – most claimants have to wait for 9 months
before these payments are made.
You may be able to get housing benefit and council tax benefit at the rate you got while
claiming income support for the first 4 weeks after you start work
What if the Benefits Agency decides I am capable
of work?
If you work less than 16 hours a week but the Benefits Agency does not think that the work
is ‘therapeutic’, you might have to claim jobseeker’s allowance and start signing on at the
Job Centre. If this happens you will have to show that you are available for work, and
actively seeking work, during the time you are not working.
If you work 16 hours or more a week and the Benefits Agency does not think that you have
a ‘reduced earnings capacity’ (see above), you cannot get income support. You may be
able to get disabled person’s tax credit or working families’ tax credit.
DISABLED PERSONS’ TAX CREDIT
Disabled persons’ tax credit is a weekly credit for disabled people who work for low wages.
It is usually paid through your wage packet. You cannot claim disabled person’s tax credit
if you have more than £16,000 in savings.
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An award lasts for 26 weeks and usually cannot be changed during that time, even if your
circumstances change (for example, if your wages go up or down).
You can claim if:
you work for 16 hours or more a week; and
you have an illness or disability which makes it difficult for you to find work; and
you are getting attendance allowance or disability living allowance; or
in the last 26 weeks you were getting the higher short-term or long-term rate
incapacity benefit or severe disablement allowance; or
in the last 26 weeks you were getting a disability premium included in the
calculation of your income support, jobseeker’s allowance, housing benefit or
council tax benefit; or
you have received statutory sick pay for a continuous period of 20 weeks in the
last 26 weeks.
You cannot get disabled person’s tax credit and working families’ tax credit at the same
time. These benefits are worked out in similar ways, but disabled person’s tax credit is
paid at a slightly higher rate. You are usually better claiming disabled person’s tax credit
than working families’ tax credit if you qualify for both.
How do I claim disabled person’s tax credit?
Fill in claim pack DPTC1, available from the Inland Revenue. You can order a claim pack
by calling the Disabled Person’s Tax Credit Helpline on 0845 605 5858.
WORKING FAMILIES’ TAX CREDIT
Working families’ tax credit is a benefit for people who are working 16 hours or more a
week for low wages and who have dependent children.
You cannot get working families’ tax credit if your savings are more than £8,000.
You cannot get working families’ tax credit and disabled person’s tax credit at the same
time. These benefits are worked out in the same way, but disabled person’s tax credit is
paid at a slightly higher rate. You are usually better claiming disabled person’s tax credit
than working families’ tax credit if you qualify for both.
How do I claim working families’ tax credit?
Fill in claim pack WFTC1, from the Inland Revenue. You can order a claim pack by calling
the Working Families’ Tax Credit Helpline on 0845 609 5000.
HOUSING BENEFIT
If you get income support or income-based jobseeker’s allowance, you can get housing
benefit to help pay your rent. You may still have to pay some service charges. Your
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housing benefit may be less than your full rent if, for instance, your rent is higher than
average or the property is thought too large for your needs or you have an adult son or
daughter living at home.
If your income is below the amount you would get from income support you get the same
amount of housing benefit as you would get if you were on income support.
If your income is above the amount you would get from income support, the amount of
housing benefit you get goes down as your income increases. However, you may be able
to keep getting the same amount of housing benefit for the first 4 weeks that you work.
See page 8 for more details.
You can get housing benefit no matter how many hours a week you work if your income is
low enough.
You cannot get housing benefit if you have savings of more than £16,000.
How do I claim housing benefit?
Claim housing benefit on a form from your district or borough council.
COUNCIL TAX BENEFIT
Council tax benefit is paid to people who are liable to pay the council tax and have a low
income.
If you get income support or income-based jobseeker’s allowance, you may not have to
pay any council tax at all unless you have someone else living with you (e.g., an adult son
or daughter).
You can get council tax benefit no matter how many hours a week you work if your income
is low enough. If your income is below the amount you would get from income support or
income-based jobseeker’s allowance you get the maximum amount of council tax benefit.
The amount of council tax benefit you get goes down as your income increases. However,
you may be able to keep getting the same amount of council tax benefit for the first 4
weeks that you work. See page 8 for more details.
If your income is too high, you may still be able to claim council tax benefit if another adult
lives with you whose name is not on the council tax bill but who has a low income. This is
called a ‘second adult rebate’. See factsheet 2, ‘Help with Housing Costs in Rented
Accommodation’ or factsheet 3, ‘Help with Housing Costs for Owner Occupiers’ from the
Money Advice Unit for further information.
You cannot claim council tax benefit if you have more than £16,000 in savings.
How do I claim council tax benefit?
Claim council tax benefit on a form from your district or borough council.
For more about housing and council tax benefits see factsheet 2.
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ATTENDANCE ALLOWANCE AND
DISABILITY LIVING ALLOWANCE
Attendance allowance is paid to people over 65 who need supervision or help with
personal care because of their disabilities.
Disability living allowance is paid to people who claim before they are 65 and need
supervision, help with personal care or help getting around outdoors because of their
disabilities.
It is still possible to get these benefits if you start work. You may find, however, that the
Benefits Agency decides that if you start work your disabilities cannot be affecting you as
much as they used to. They might stop paying these benefits or reduce the amount you
get. If this happens to you, seek advice from a Citizens Advice Bureau.
OTHER HELP
The New Deal for disabled people
If you need help or advice to find a suitable job because you are ill or disabled, you may
get this through the New Deal for disabled people. Ask at your local Job Centre. They
may be able to give the following help:
extra help contacting employers or arranging trial employment;
advice about what types of work might suit you;
the use of aids and special equipment to help you do a job;
advice about available training courses;
help with the costs of travelling to work or a support worker to help you do the job.
The back to work bonus
If the Benefits Agency have been reducing your income support or jobseeker’s allowance
because you have been working part-time, you may be due a back to work bonus. You
can get the bonus if income support or jobseeker’s allowance stops your hours or wages
increase. The maximum bonus is £1000.
Claim the bonus from the Benefits Agency or Jobcentre on form BTWB1.
The child maintenance bonus
If the Benefits Agency have been reducing your income support or jobseeker’s allowance
because you have been getting child maintenance, you may be due a child maintenance
bonus. You can get the bonus if income support or jobseeker’s allowance stops because
you or your partner start work, or your hours of work or earnings increase. The maximum
bonus is £1000.
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Claim the bonus on a form available from the Benefits Agency or Jobcentre.
The child maintenance bonus will be abolished in April 2002. It is to be replaced by a
disregard of a fixed amount of maintenance when calculating income support and income-
based jobseeker’s allowance.
Extended payments of income support for lone parents
If you are a lone parent you may be able to continue to receive income support or income-
based jobseeker’s allowance for the first 2 weeks after starting work.
To qualify, the job must be for 16 or more hours a week, be expected to last for at least 5
weeks and you must have been unemployed for at least 26 weeks.
You do not need to complete a claim form, but you must tell the Benefits Agency or
Jobcentre that you have started work.
Extended payments of housing benefit,
council tax benefit and mortgage interest payments
If you have been receiving housing benefit or council tax benefit, you may be able to keep
getting it at the same rate from the first 4 weeks after starting work. You must have
already received income support or income-based jobseeker’s allowance for 26 weeks,
and:
you are a lone parent; or
you are claiming because you were incapable of work or your benefit included
the disability or carer premium; and
the work is expected to last for more than 5 weeks.
If your income support or jobseeker’s allowance included an amount towards your
mortgage interest, you may continue to get some income support or income-based
jobseeker’s allowance for up to 4 weeks after you start work.
You do not need to complete a claim form but must tell the Benefits Agency, Jobcentre or
local authority when you start work.
Free school meals
Families who get income support or income-based jobseeker’s allowance can get free
school meals for their children. 16 - 18 year-olds who are still at school/college and get
income support for themselves can also get free school meals. If your income support or
income-based jobseeker’s allowance stops, you will not get free school meals.
Apply for free school meals on a form available from the school/college, or the Children,
Schools & Families Service of the County Council.
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School clothing
People on income support, income-based jobseeker’s allowance, working families’ tax
credit, disabled person’s tax credit, housing benefit or council tax benefit (not including the
`second adult’ rebate) may get help from their local Education Authority with the cost of
school clothing.
Grants can be paid when the child starts primary, secondary, middle or upper school.
Apply for a school clothing grant on a form available from the school or the Children,
Schools & Families Service of the County Council.
Health Service benefits
People who get income support or income-based jobseeker’s allowance and most people
getting working families tax credit or disabled person’s tax credit, get free prescriptions and
may also get some other NHS services free.
If you do not get one of these benefits, you may still be able to get some help towards the
cost if your income is low and your savings are less than £8,000. The savings limit is
£12,000 if you are aged 60 or over or £18,500 if you live permanently in a residential or
nursing care home. Apply on form HC1, available from Benefits Agency offices. For
further information, see leaflet 12 in this pack.
IF YOUR JOB DOESN’T WORK OUT
If you stop working within 8 weeks of getting incapacity benefit, severe disablement
allowance or income support, you should be able to go back to your previous benefit if you
are not able to work.
Under the “welfare to work” scheme for people with disabilities you can go back to your old
rate of benefit if you stop working within a year because of your illness or disability. If you
want to use this scheme, you must ask the Benefits Agency in writing as soon as you start
work. They should give you a letter confirming that you can use the scheme.
If you stop work within 2 years and you have been getting disabled person’s tax credit for
all the time you worked, you can go back onto your old rate of benefit.
You can go back to incapacity benefit without having paid enough national insurance
contributions if you were getting it at any time in the tax year before the calendar year in
which you re-claim.
If you were receiving payments towards mortgage interest with income support or income-
based jobseeker’s allowance before starting work, these will be paid at the same rate if
you re-claim benefit within one year.
NB From October 2001 the Benefits Agency and Employment Service will merge to form
Jobcentre Plus for people of working age.
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Further help and advice
Contact your local Citizens Advice Bureau for further help and advice on benefits and
work.
For details about your local Citizens Advice Bureau contact the Customer Services Centre
at Hertfordshire County Council (HCC) on 01438 737400 or 01923 471555 if you are
calling from an 01923 or 020 8 number. You can also read and download our factsheets
from the HCC website at www.hertsdirect.org.uk.
For legal help and information and details of other advice agencies in Hertfordshire,
contact the Call Centre at the Legal Services Commission (LSC) on 0845 6081122,
www.justask.org.uk.
This information is for guidance only and is not an authoritative statement of the law
PRODUCED BY THE MONEY ADVICE UNIT
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