Older or Vulnerable Client Services
Advice on Welfare Benefits
There are a large number of welfare benefits available to people who satisfy the appropriate criteria. Some are means tested and some are non means tested. Some do overlap and if you are in receipt of one benefit it may impact on your eligibility for another.
This area of law is very complex and rapidly changing and advice should always be taken if you are in receipt of benefits and your circumstances change or if you think you might now be eligible for a benefit.
Below is a very brief overview of each type of benefit and they are broadly categorised by client group. We will be able to advise you fully of your possible entitlements as well as current payment rates at a meeting. For further advice on Welfare Benefits, please contact a member of our Older or Vulnerable Client Services team.
Retirement and Bereavement Benefits
State Pension : This earnings replacement benefit is payable to a claimant who has reached retirement age and has the appropriate National insurance record.
State pension credit : This is payable to a claimant who has reached 60 years of age and who has a low income. Any capital is irrelevant save for any tariff income that it generates.
Widowed parent's allowance : This is an earnings replacement benefit that is payable to a widow or widower who is under retirement age when their spouse or civil partner dies and who is caring for a child for whom child benefit is paid (or the claimant is a woman who is pregnant with her husband's child).
Bereavement allowance : This is an earnings replacement benefit that is payable to a widow or widower who is over 45 but under retirement age when their spouse or civil partner dies or their entitlement to widowed parent's allowance ends and who is not entitled to widowed parent's allowance.
Bereavement payment : This is an one-off capital payment to a widow or widower or civil partner who is under retirement age when their spouse or civil partner dies and whose spouse or civil partner has the appropriate Class 1, 2 or 3 national insurance payment history.
Incapacity and Disability Benefits
Statutory sick pay : This is payable to an employee who is incapable of carrying out the work for which he is employed (the 'own occupation test'). It is payable for a maximum of 28 weeks. If the claimant is still incapable of work he may qualify for the earnings replacement benefit of incapacity benefit (for which he will be subject to a personal capability assessment, unless exempt).
Incapacity benefit : This is an earnings replacement benefit for any worker incapable of work (for which he will be subject to the own occupation test and/or a personal capability assessment, unless exempt) and who has the appropriate history of Class 1 or 2 national insurance payments.
Non-contributory incapacity benefit : This is incapacity benefit for young people who become incapable of work before reaching the age of 20 (or in limited circumstances, 25 years of age).
Disability Living Allowance (DLA) - care component : This is payable to a claimant under 65 who needs help with his or her bodily functions or supervision to avoid being a danger. The minimum period of need is normally nine months.
Disability Living Allowance (DLA) - mobility component : This is payable to a claimant under 65 whose severe physical or mental disability affects his ability to walk, The minimum period of need is normally nine months.
Attendance allowance : This is payable to a claimant aged 65 or over who needs a substantial amount of help with his bodily functions or supervision to avoid being a danger. The minimum period of need is normally 12 months.
Industrial disablement benefit : This is payable to an employee who has an accident at work that arises out of and in the course of his employment, which results in a loss of faculty and usually at least 14% disablement.
Constant attendance allowance : This is payable to a recipient of Industrial Disability Benefit (IDB) at the rate of 100% and who requires care. It is an alternative to the Disability Living Allowance (DLA )care component.
Maternity, Children and Carers
Statutory maternity pay : Paid by employers to an employee who has been with that employer throughout her pregnancy.
Maternity allowance : This is an earnings replacement benefit that is paid by the Department for Work and Pensions (DWP) to a short-term employee or self-employed woman.
Child benefit : Paid to a person who is responsible for a qualifying child or young person.
Carer's allowance : This is an earnings replacement benefit that is paid to someone who cares for at least 35 hours every week for a severely disabled person. The claimant must not be in full-time education or in remunerative employment.
Means Tested Benefits
Income-based Job Seekers Allowance : This is payable to a person capable of and available for work but who is not in remunerative work. The claimant must sign a jobseeker's agreement and have a low income with a limited amount of capital.
Income support : This is payable to a person who does not have to be available for work, who is not in remunerative work and who has a limited amount of capital.
Housing benefit : This is payable to a claimant liable to pay rent for his home and who is on a low income with a limited amount of capital.
Council tax benefit : This is payable to a claimant liable to pay council tax and who is on a low income with a limited amount of capital.
Child Tax Credit : This is payable to a claimant responsible for a child or qualifying young person and who is on a low income.
Working Tax Credit : This is payable to a claimant who is in qualifying remunerative work but on a low income.
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24/11/2011
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