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ASTHMA - WHAT BENEFITS CAN I CLAIM?

Introduction

Many people with asthma lead lives which are not restricted by their condition. However for others, carrying out everyday activities can be a real strain. In the most severe cases going to work becomes impossible and constant care and attention is needed by a carer. People with severe asthma may need someone around, not only in case of an asthma attack, but to help with the things most people take for granted, like washing and dressing.

This article sets out the help that people with asthma may be entitled to receive from the benefits system. They benefits range from those available to people who have to miss work now and again, to those for whom work is not an option because they, or the people they care for, are severely disabled by asthma. There is no special benefit which people automatically receive because they have asthma.

This is not a complete guide to all benefits, but it covers the main disability benefits and give details about where to go for further help and information. The benefits system is complicated, and form filling can be quite a demanding task. If you are in any doubt about any aspect of the benefit, ask for advice. A list of places that you can go to for help appears at the end of this article.

The benefits system changes frequently but you can check for the most up-to-date details with the relevant agency, using the list at the back of this booklet. The information here was produced in consultation with the Child Poverty Action Group.

1. Work-related benefits

These benefits are available to people with asthma, but not their carers. You will be entitled to some of these benefits if you are currently working or have worked.

Statutory Sick Pay

Statutory Sick Pay is paid by your employer for up to 28 weeks if you are unable to attend work due to illness. It is a taxable benefit.

Do you qualify?
To be eligible you must earn at least £58 per week. Statutory Sick Pay is paid at two rates depending on your average weekly earnings.

More information
Benefits Agency leaflet NI244 Statutory Sick Pay, available from local Benefits Agency offices, post offices, Citizens Advice Bureaux and libraries.

Incapacity Benefit

Incapacity Benefit is a new benefit which replaced Sickness Benefit and Invalidity Benefit in April 1995. It is available for people who cannot work due to illness. You will receive it if you have paid enough national insurance contributions. Your earnings and savings are not taken into account.
Incapacity Benefit is paid at three rates to:

  • people who are off work due to sickness and are not entitled to Statutory Sick Pay. This benefit is paid at £44.40 per week for up to 28 weeks
  • people who have received Statutory Sick Pay for 28 weeks and are still unable to return to work. This benefit is paid at £52.50 per week from week 29 of illness up to 52 weeks
  • people who still cannot return to work after 52 weeks will receive the benefit paid at £58.85 per week

Do you qualify?
To receive this benefit you must be under state pensionable age and be accepted by the Benefits Agency as 'incapable of work'. After 28 weeks of sickness you will have to complete a questionnaire to assess whether you are incapable of all work, and not just your own job. This incapacity test looks at functional limitations, for example, how well you can do tasks such as walking and climbing stairs. If you satisfy the Agency on this test then you will be entitled to receive Incapacity Benefit.

If you were receiving Invalidity Benefit in April 1995 when Incapacity Benefit was introduced, you will continue to receive the same level of benefit, with upgradings, until your case comes up for review. You may be exempt from the new test, but if not, you will have to pass the incapacity test to remain eligible for the benefit.

More information
National Asthma Campaign factsheet, Incapacity Benefit, which gives more details about the incapacity test.

Benefits Agency leaflet IB201 Incapacity Benefit, available from local Benefits Agency offices, post offices, Citizens Advice Bureaux and libraries.

Severe Disablement Allowance

Severe Disablement Allowance is for people who are disabled and are unable to work because of illness or disability, but who do not qualify for Incapacity Benefit because they have not paid enough national insurance contributions. It is not assessed on your level of income and is not taxable.

Do you qualify? To qualify for Severe Disablement Allowance, you should be over 16 and under 65 years old. If you are not already receiving the care component of Disability Living Allowance you will need to be able to show that you are at least 80 per cent disabled.

More information
Benefits Agency leaflet NI252 Severe Disablement Allowance, available from local Benefits Agency offices, post offices, Citizens Advice Bureaux and libraries.

Industrial Injuries Disablement Benefit

If your asthma was caused by contact with substances in the workplace which are known to cause asthma you have what is known as occupational asthma. You may, therefore, be entitled to Industrial Injuries Disablement Benefit. It is not taxable and is not affected by the amount you earn or by savings or other income. It is paid as a weekly pension.

Do you qualify?
You will need to show that while in your job you have been in contact with a substance which has caused your asthma. These are known as respiratory sensitisers. The Benefits Agency has a list of over 200 substances that cause asthma. The level of benefit you receive depends on how disabled you are by your asthma.

There is a ten year limit on claiming disablement benefit for occupational asthma. This means you cannot claim the benefit if you stopped working with the substance that caused your asthma more than ten years ago. If you feel that you have occupational asthma, talk to your doctor immediately.

You will need to make your claim on Benefits Agency form BI/100(OA). If your claim is accepted by the Benefits Agency, you will be examined by a Special Medical Board. They will decide whether your job has caused your asthma and, if so, how disabled you are by your asthma. You will be entitled to this benefit if your disablement is assessed at 14 per cent or more. If you believe your asthma was caused by a substance not on the official Benefits Agency list you will need to provide the evidence to back up your claim.

More information
National Asthma Campaign leaflet, Asthma at Work - Are You Eligible for Compensation?

Benefits Agency leaflets NI237 If You Have Asthma Because of Your Job and N 16 Industrial Injuries Disablement Benefit, available from local Benefits Agency offices, post offices, Citizens Advice Bureaux and libraries.

Disability Working Allowance

Disability Working Allowance is for disabled people who are capable of doing some work but are disadvantaged in getting a job because of their illness or disability. It is affected by the level of income and any savings you or your partner may have.

Do you qualify?
You will receive this benefit if you take up a job for 16 hours a week or more and have been receiving one of the qualifying benefits - Incapacity Benefit, Severe Disablement Allowance or Disability Premium - within eight weeks prior to making the claim or are currently receiving Disability Living Allowance or Attendance Allowance.

You may need to get advice to find out whether you will be better off working and claiming Disability Working Allowance.

More information
Benefits Agency leaflet DS703 Disability Working Allowance, available from local Benefits Agency offices, post offices, Citizens Advice Bureaux and libraries, or call the Disability Working Allowance leaflet line for a claim pack, freephone 0800 100123.

2. Help with daily living

These benefits are available to people who need help with everyday activities. Some of the benefits are available to people with asthma and others are available to their carers.

Disability Living Allowance

Disability Living Allowance is a benefit which is paid to people who need help with personal care and/or help getting around. People living alone or who do not have a person looking after them can apply. It is not taxable, does not affect entitlement to other benefits and is not dependent on national insurance contributions. It is not affected by any savings or income.

Do you qualify?
Disability Living Allowance breaks down into two components. You can claim for both. You must normally have needed help with personal care or getting around before the age of 65 and should make your claim before your 66th birthday.

Care component

You can claim the care component if you need help with personal care or need someone to supervise you to avoid any danger to yourself. For example, you may need:

  • help with dressing/undressing
  • help with taking medicines
  • someone to be around because you have sudden asthma attacks.

The care component is paid at three different rates depending on the amount of help you need:

  • the higher rate, £46.70 per week, is paid if you require help day and night
  • a the middle rate, £31.20 per week, for help required either day or night
  • the lower rate, £12.40 per week, for some help required during the day

Mobility component
You can claim the mobility component if you have difficulties getting around. For example:

  • if you get breathless or tired out after walking only a short distance
  • a if there is a serious risk to your health caused by the effort of walking ie walking could bring on a severe asthma attack
  • You may be eligible if you are able to walk but experience pain or severe discomfort when doing so.

The mobility component is paid at two rates:
* the higher rate, £32.65 per week
* the lower rate, £12.40 per week

Claiming Disability Living Allowance for a child with asthma

If your child has asthma you may be able to claim Disability Living Allowance.

Do you qualify?
You cannot claim the mobility component for children under the age of five, but you can claim the care component for a child of any age. You will need to show your child's needs are substantially more than the normal needs of a child the same age. This can be very difficult to show when claiming for a young baby. The parent/carer will need to complete a claim form on behalf of the child.

More information
National Asthma Campaign factsheet, Disability Living Allowance - Filling in the Form, which gives advice on completing the form for people with asthma.

Benefits Agency leaflet DS704 Disability Living Allowance, available from local Benefits Agency offices, post offices, Citizens Advice Bureaux and libraries. Alternatively call the Disability Living Allowance leaflet line on freephone 0800 100123. The Disability Living Allowance central enquiry handling service for advice on existing claims can be reached on 0345 123456.

Attendance Allowance

Attendance Allowance is similar to Disability Living Allowance but is paid to people over the age of 65.

Do you qualify?
To qualify you must have needed supervision or help with personal care for at least six months before your claim. It is paid for care needs only.

Attendance Allowance is paid at two rates:

  • the higher rate, £46.70, is paid if you require help day and night
  • the lower rate, £31.20, is paid if you require help day or night

More information
Benefits Agency leaflet DS702 Attendance Allowance, available from local Benefits Agency offices, post offices, Citizens Advice Bureaux and libraries, or call the Attendance Allowance customer services helpline on 01253 332209.

Invalid Care Allowance

Invalid Care Allowance is a benefit for people who care for those who are disabled. It is not assessed on your level of income and is not dependent on national insurance contributions but it is taxable.

Do you qualify?
It is for people who spend at least 35 hours per week caring for a disabled person.
You must:

  • be caring for someone who is receiving either Attendance Allowance at the higher or lower rate or the Disability Living Allowance care components at the higher or middle rate
  • not be earning more than £50 a week
  • not be in full time education
  • You do not need to be related to, or living with, the person you are caring for.

More information
Benefits Agency leaflet FB31 Caring for Someone? and DS700 Invalid Care Allowance claim pack, available from local Benefits Agency offices, post offices, Citizens Advice Bureaux and libraries.

Social Fund

The Social Fund provides money to help people on a low income cover extra expenses. Some of these may arise because of asthma. This may be a grant or interest-free loan. In most cases the amount of the loan or grant you get may be reduced by any savings you or your partner have.

The following benefits are available with certain qualifying conditions:
Cold weather payments
These are made during periods of very cold weather.

Funeral payments
These are given to help pay for the costs of a funeral.

Maternity payments
These are made to help buy items for a new-born baby.

The following payments are made at the discretion of the local Benefits Agency office:
Community Care Grants
Certain groups of people on income support, such as older, chronically sick or disabled people, can receive grants to help them remain and live within the community. These grants do not need to be repaid.

Budgeting Loans
These are loans made to people receiving income support who need to buy items such as furniture or essential clothing. The loan is interest-free but must be repaid through deductions from weekly benefit.

Crisis Loans
These interest-free loans are for people in an emergency or after a disaster, for example, a house fire. It is a last resort for people with no other means of getting money. You do not need to be on income support. Crisis loans must be repaid.

More information
Contact the Social Fund at your local Benefits Agency office.

3. Further advice and information

These are a number of places you can go to for advice and information if you are unsure about the benefits system and what you can claim. If you are turned down for benefit you can also receive assistance with appeals.

Sources of advice and information
The Benefits Agency

The Benefits Agency produces a range of leaflets which are available from local Benefits Agency offices, post offices, libraries and Citizens Advice Bureaux. They also run a number of telephone helplines which give general information about benefits and can answer enquiries about benefit claims:
Benefits enquiry line (for information on disability benefits): Freephone 0800 882200
minicom freephone 0800 243355
Welsh freephone 0800 289011

Social security freeline (for information on all benefits): Freephone 0800 666555
This service is also available in some other languages:
Chinese freephone 0800 252451
Punjabi freephone 0800 521360
Urdu freephone 0800 289188

Claim form completion service: Freephone 0800 441144

Advice agencies

These provide free information on benefits as well as advice on wider issues relating to disability and alternative sources of finance.

National

  • Disablement Information and Advice Line (DIAL) UK for advice and information on local DIAL groups 01302 310123

Local

  • local Citizens Advice Bureaux
  • independent local advice centres
  • law centres
  • disability advice centres such as DIAL
  • local council welfare rights units

Look in your local telephone directory or library for addresses and telephone numbers of the above in your area.

Books

* 'Rights Guide to Non-Means-Tested Benefits' and 'National Welfare Benefits Handbook' both published by: Child Poverty Action Group
* Disability Rights Handbook published by: Disability Alliance
These are available at a reduced rate for people receiving social security benefits.

The National Asthma Campaign does not have the resources to operate an advice service for individuals with asthma wishing to claim welfare benefits. However the Campaign has produced a number of factsheets on benefits which can be ordered on the order form at the end of this booklet.

4. Advice about asthma

If you would like to speak to a specialist asthma nurse please call our Asthma Helpline on 0345 01 02 03 Monday to Friday, 9am to 9pm (calls charged at local rates).

The National Asthma Campaignhas produced a wide range of leaflets giving advice on different aspects of asthma.

1a. Take Control of Asthma
1b. Asthma in the Under Fives
2. Spacers and Nebulisers
3. Exercise and Asthma
4. Asthma at School: a Guide for Teachers
5. Asthma and Holidays
6. Asthma and Pregnancy
7. Self-management and Peak Flow Measurement
8. Asthma at Work: Are You Eligible for Compensaticin?
9. Hayfever
10. Steroid Treatment for Asthma
11. Asthma and the Environment

Factsheets available
Disability Living Allowance - Filling in the Form
Financial Assistance
Incapacity Benefit
Orange Badge Scheme
Prescription Charges

Copies of the above leaflets and factsheets, together with details on how to join the National Asthma Campaign, please write to the National Asthma Campaign.

The National Asthma Campaign is the only charity in the UK solely dedicated to all aspects of asthma and related allergy. It funds research into asthma and related allergy and provides information to people with asthma and their carers. If the service we provide has helped you, perhaps you would consider a donation towards the cost so that we can help others, too.

Registered charity number 802364
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