[access-uk] Re: changes to higher rate DLA for next year.
- From: "Barry Toner" <barry@xxxxxxxxxxxxxxxxx>
- To: <access-uk@xxxxxxxxxxxxx>
- Date: Thu, 7 Oct 2010 21:09:14 +0100
The below was approved for information only. Please do, not , discuss it on
here. You've been asked in advanced and nicely so you'll be kicked if a
thread kicks off from this.
Barry
List Admin
From: access-uk@xxxxxxxxxxxxx [mailto:access-uk@xxxxxxxxxxxxx] On Behalf Of
terry
Sent: Thursday, October 07, 2010 8:43 PM
To: access-uk@xxxxxxxxxxxxx
Subject: [access-uk] changes to higher rate DLA for next year.
Hi all.
I am sure most of you are aware of the changes to DLA that will allow more
blind people to possibly receive the higher rate mobility component come
April 2011, but I thought this fact sheet from the RNIB might be of interest
.to those who are wondering how it might effect them.
Please note that all the following information is supplied by the RNIB and
any questions or queries should be directed to them.
New rules about Disability Living Allowance higher rate mobility component
from April 2011
Introduction
From 11 April 2011 the rules for Disability Living Allowance (DLA) will
change making it possible for the first time for some blind people to
qualify for the higher rate of mobility component on the basis of their
sight loss.
This factsheet explains the new rules and how the change will be carried out
by the Department for Work and Pensions (DWP). It has information on:
. who will qualify for higher rate under the new rules
. how the DWP will identify who may be entitled
. what to do if you think you will be eligible
. how to check whether you are also getting the correct level of other
benefits (such as DLA care component)
. where to get more information or advice.
If you have any questions about any of the information mentioned in this
factsheet or want further advice, please call our Helpline on 0303 123 9999.
DLA mobility component
DLA is one benefit with two components: a care component and a mobility
component. The mobility component is paid to people under 65 who have
problems getting around outdoors independently. It is paid at two rates.
1. The lower rate is for people who can physically walk, but who need
guidance or supervision out of doors in unfamiliar places. Most people who
are registered as sight impaired or severely sight impaired should qualify
for this level of mobility component. The qualifying criteria for this rate
of mobility component is not changing.
2. The higher rate is currently paid to three groups of people, including
people who are:
. unable or virtually unable to walk due to physical disablement
. or both blind and deaf
. or severely disabled and who need to be restrained out of doors due to
behavioural disturbance.
From 11 April 2011 people under 65 "with the most severe visual impairment"
will also qualify for higher rate of mobility component. Unfortunately the
definition of "severe visual impairment" within the DLA rules is not the
same as the level of sight loss required to become registered as severely
sight impaired (blind). If you are severely sight impaired (blind), you may
be entitled to the higher rate of mobility component from April 2011;
however, the level of your sight loss will have to be separately assessed by
the DWP.
Will I qualify?
You must be registered or certified as severely sight impaired (blind) to be
considered for the higher rate of mobility component under the new rules,
although not everyone who is registered blind will qualify. The DWP will
also need to consider the level of your visual acuity and whether you have a
restricted visual field.
Visual acuity is the measurement of your central vision and how well you can
see detail. It is assessed using an eye test chart which is called the
Snellen scale. Your visual field is what you can see around you; this is
also called your peripheral vision.
To qualify for higher rate mobility component you must be certified as
severely visually impaired and either:
. have a visual acuity of less than 3/60 (this means you only can read the
top line of an eye test chart from 3 metres away)
. or if your visual acuity is more than 3/60 but less than 6/60 (this means
that can read only the top line of the eye test chart from 6 metres away).
You must also have:
. a complete loss of your peripheral vision
. and severely restricted central vision (this means no more than 10 degrees
in diameter), sometimes called tunnel vision.
If your sight is too poor to be measured in this way, for example if you can
only count fingers or you only have light and dark perception, you will
qualify.
If your visual acuity is better than 6/60 you will not qualify, for example
if your acuity is 6/36 or 6/18.
Does my age matter?
You cannot be awarded higher rate mobility component if you will be aged 65
or over on 11 April 2011, the date the new rules take effect.
Children who are severely sight impaired could qualify for the higher rate
of mobility from the age of three. If you think this applies to your child,
contact our Helpline on 0303 123 9999 who can give you further advice.
How will DWP identify who is entitled?
The new rules come in on 11 April 2011 and no one can actually be paid the
higher rate on the grounds of severe visual impairment until then. However,
the DWP recognises that the majority of people who will qualify for higher
rate under the new rules will be already getting lower rate. The DWP intends
to identify as many people as possible who may qualify for higher rate
before the change comes into effect, so that payment of the higher rate can
begin from April 2011.
From November 2010 through to March 2011, the DWP will be calling everyone
currently receiving DLA lower rate mobility component whose main disabling
condition is recorded as sight loss. If DWP can obtain sufficient evidence
to show that you would qualify for the higher rate mobility component under
the new rules, your award can be changed in time for April 2011.
If you would qualify for the higher rate on the grounds of severe visual
impairment, but your mobility component was not increased in time for April
2011, the higher rate should be backdated to the date of change (as long as
you were already receiving some DLA).
What do I need to do?
Between November 2010 and March 2011 you can expect to be contacted by DWP.
You do not need to contact them before then.
You can prepare for this call by finding your certificate of registration
(it may be called a CVI or BD8, or BP1 in Scotland) or any other evidence
you have about the level of your sight loss. A registration card or a letter
stating that you are registered as severely sight impaired (blind) will
usually not provide enough information, but an assessment by an optometrist
or ophthalmologist may record your visual acuity and level of visual field
loss.
If you do not have a copy of your CVI or BP1, you can get one from your GP,
the hospital were you were certified or from your local authority.
If you can give DWP evidence that your visual acuity is less than 3/60, this
is likely to be good enough for them to award the higher rate.
If you cannot supply this sort of evidence, or if your sight has worsened
since you were registered, the DWP may need to write to your ophthalmologist
at the hospital or arrange for you to attend an eye test.
DLA care component
If you qualify for higher rate mobility component because of the new rules
about severe sight loss, you should also check whether you could receive at
least middle rate care component. An award of only lower rate care may be
incorrect as your level of sight loss is so severe.
DLA care component is paid at three different rates depending on how often
you need help from another person because of your disability:
. the higher rate is paid if you need help during both day and night
. the middle rate is paid if you need help throughout the day or night
. the lower rate is paid if you need help for only a part of the day or if
you cannot cook a meal for yourself.
To qualify for middle rate care component, you must show that you reasonably
need attention frequently throughout the day. This can include attention you
may need whilst bathing or showering, getting dressed and looking after your
appearance, taking medication, having meals, reading and replying to your
personal mail, any extra support you need at work or studying and help to
carry out social or leisure activities.
If you are thinking of asking for a review of your existing entitlement,
contact our Helpline for information and advice.
If you are turned down by the DWP
If you are severely sight impaired and you are turned down for the higher
rate of mobility or the middle rate of care component or both, or your
existing payment has been reduced by the DWP, contact our Helpline on 0303
123 9999. We will be able to advise and assist you to challenge the decision
if appropriate and we may be able to represent you at your appeal.
What else can I claim if I am awarded higher rate mobility component or
middle rate care component or both?
If you get higher rate mobility component:
. you can use your DLA mobility award to hire or buy a car using the
Motability Car Scheme. Call 0845 456 4566 for further details
. you are exempt from paying road tax for one car. This could be a car you
hire using the Motability scheme or you can nominate another person's car.
You will be sent a road tax exemption form automatically if you are awarded
higher rate mobility.
If you get middle rate care component:
. and live alone (or are classed as living alone) you may qualify for the
severe disability premium which could increase your existing benefits or
bring you in line to qualify for some means-tested benefits
. and someone cares for you for at least 35 hours a week, your carer can
claim Carer's Allowance (CA) for looking after you. It is very important
that you and your carer seek advice about how your respective benefits will
be affected before a claim for CA is made.
Further information
If you experience difficulties claiming any of the benefits mentioned in
this factsheet, disagree with a decision made by the DWP or want further
information, please call our Helpline on 0303 123 9999.
RNIB Helpline
RNIB Helpline is your direct line to the support, advice and products you
need to remain independent. We'll help you to find out what's available in
your area and beyond, both from RNIB and other organisations including
Action for Blind People.
Whether you want to know more about your eye condition, buy a product from
our shop, join our library, find out about possible benefit entitlements, be
put in touch with a trained counsellor, or make a general enquiry about
living with sight loss, we're only a call away.
RNIB Helpline
Telephone: 0303 123 9999
Email: <mailto:helpline@xxxxxxxxxxx> helpline@xxxxxxxxxxx
Opening hours: Monday to Friday 8.45am to 6pm and Saturday 9am to 4pm.
Standard rate call charges apply.
The factsheet gives general guidance only and is not an authoritative
statement of the law.
RNIB / LRS September 2010
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