What is Attendance Allowance? How much is Attendance Allowance? How do I claim Attendance Allowance? How do I fill in the form?...

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1 FACTSHEET Benefits and grants Attendance Allowance If you are deaf or have hearing loss and are State Pension age or over, you may be able to claim Attendance Allowance to help cover the costs of any care, support or supervision you need. This factsheet explains what Attendance Allowance is, and how you can apply for it. Contents What is Attendance Allowance? Do I qualify? How much is Attendance Allowance? What are the disability tests? How do I claim Attendance Allowance? How do I fill in the form? How is the decision on my claim reached? Can I challenge the decision? How do I appeal? Does Attendance Allowance affect other benefits? What if I m in hospital or a care home? Where can I get more information? If you d like this factsheet in Braille, large print or audio, please contact our Information Line see last page for contact details.

2 Attendance Allowance 2 What is Attendance Allowance? Attendance Allowance is a welfare benefit you may get if you are State Pension age or over and need help with personal care or supervision because you have a physical or mental disability. It doesn t matter if you don t currently get this help, as long as you can show that you need it. If you are deaf or have hearing loss, you may be able to claim Attendance Allowance if you need help to communicate with other people. This counts as personal care. State Pension age State Pension age is the earliest age you can start receiving your State Pension. It is worked out based on your gender and date of birth. You can check when you will reach State Pension age on the gov.uk website: gov.uk/state-pension-age Do I qualify? To qualify for Attendance Allowance, you must: be State Pension age or over have passed at least one of the disability tests (see opposite) have needed the help for at least six months (unless you are terminally ill, in which case you can qualify straight away) normally live in the UK, Ireland, Isle of Man or the Channel Islands, and not be subject to immigration control (unless you are a sponsored immigrant) have been in Great Britain (or Northern Ireland if you are living there) for at least two out of the last three years this rule does not apply if you are terminally ill. How much is Attendance Allowance? There are two rates of Attendance Allowance. The weekly rates from April 2018 are: lower rate: higher rate: The rate you may get will depend on which of the disability tests you pass (see below). How much you earn or how much you have in savings won t affect whether you qualify for Attendance Allowance, or which rate you get. What are the disability tests? There are daytime and night-time tests that will help to determine whether you qualify for Attendance Allowance and, if so, at what rate.

3 Attendance Allowance 3 To qualify for the lower rate of Attendance Allowance, you must pass: one of the daytime tests or one of the night-time tests. To get the higher rate, you must pass: one of the daytime tests and one of the night-time tests or be terminally ill. Daytime tests You must need, from another person: frequent attention throughout the day in connection with your bodily functions (hearing and speech are both bodily functions), or continual supervision throughout the day to prevent substantial danger to yourself or other people. Night-time tests You must need: attention at night with your bodily functions for a period of 20 minutes or longer, or for two or more times a night, or another person to be awake for approximately 20 minutes, or at least three times a night, so they can watch over you, to avoid substantial danger to yourself or other people. Needs this is help that is reasonably needed, not what is given, nor what is medically essential. It is help to lead as normal a life as possible, and includes help you need outside your home. For example, help to do your own shopping or to take part in reasonable social activities. Attention this is active, faceto-face help to do the personal things you can t do for yourself. It can include help to wash, dress or go to the toilet. It can also be more indirect help such as signing, reading aloud or prompting and encouragement. Continual regular checking but not non-stop supervision. Supervision watching over, ready to intervene. Substantial danger the danger must be real, not just remotely possible. Night when the household has closed down for the night. It is generally the time when an adult is in bed but must be more or less within night-time hours usually between the hours of 11pm and 7am. Bodily functions these include hearing, eating, seeing, washing, reading, walking, communicating, drinking, sitting, sleeping, dressing or undressing, using the toilet, shaving, shampooing, and help with medication. See the box on the right for definitions of what the terms used in the disability tests mean.

4 Attendance Allowance 4 How the tests are decided The information you give in your claim form may be enough for the decisionmaker to decide whether or not you pass at least one of the tests. If not, they may ask your GP, nurse or consultant to provide a report. How do I claim Attendance Allowance? You ll need to complete a claim form, which you can either receive in the post or download online. If you live in England, Scotland or Wales, contact the Attendance Allowance helpline to receive a claim form in the post: Telephone: Textphone: NGT text relay: then Or download the form at gov.uk/ attendance-allowance/how-to-claim If you return the completed form within six weeks, your benefit will be backdated to the day you requested it. If you live in Northern Ireland, contact the Benefit Enquiry Line for a claim form in the post: Telephone: Textphone: Or download the form at nidirect.gov.uk How do I fill in the form? Before you fill in the form, or someone else does so on your behalf, it may be helpful to get advice from Citizens Advice or one of the other organisations providing advice that are listed at the end of this factsheet. Remember that the person making the decision on your claim will probably not know what it s like to be deaf or have hearing loss. When filling in the form, you need to describe your everyday life so that whoever is looking at your form can really imagine what your life is like. The following pages provide guidance on how to answer the questions that focus on your disability and care needs. About your illnesses or disabilities and the treatment or help you receive You are asked to list details of your disabilities and illnesses in a table. When filling in the table, give details of: the level of your hearing loss how long you have been deaf or had hearing loss whether you use hearing aids or a cochlear implant (you can give more information about this when you are asked about any aids or adaptations you use later in the form) other disabilities or health problems you may have.

5 Attendance Allowance 5 Use the Extra information section at the end of the form to give as much detail as possible about your hearing loss or deafness. For example: your preferred method of communication whether you have difficulties with speech or lipreading, or both whether you have problems understanding written English. The next questions ask for details of your GP and anyone else you have seen about your illnesses or disabilities (such as your hearing specialist) in the last 12 months. You are also asked for details of anyone else who helps you because of your illnesses or disabilities for example, a friend, family member or carer. The people you give details of in this section may be contacted for more information about your disability, so pick people who really understand the difficulties you have. If you have any medical reports about your hearing loss from the hearing specialist who treats you, photocopy them and send them with your form. Further on in the form, you are asked to list any aids or adaptations that you use. If you use hearing aids, a cochlear implant or any other assistive equipment to help you manage your hearing loss or deafness, list them in the table. Your care needs during the day This section asks questions to find out if you need the care or supervision required for you to satisfy the daytime tests (see page 3). Each question focuses on a different aspect of day-to-day life where you may need help. If you have other disabilities, such as arthritis or sight problems, and you need help with a particular activity as a result, explain what help you need. For example: it may be painful for you to carry out an activity it may take you a long time to carry out an activity you may feel tired and need to rest you may feel dizzy or have balance problems. You can use the extra space provided for each question to explain in detail about all the times when you need help from another person. Even if you have no one to help you, you should still explain what difficulties you have with each activity, and what help would make things easier. We now look at some of the questions in a little more detail.

6 Attendance Allowance 6 Do you usually have difficulty or do you need help getting out of bed in the morning or getting into bed at night? You may rely on another person to wake you up in the morning if special alarm clocks don t wake you. Do you usually have difficulty or do you need help with your toilet needs? You should explain if you have problems with your balance related to your deafness, or if you have Ménière s disease. For example, if you sometimes fall when you get up to go to the toilet, mention this. Do you usually have difficulty or do you need help with taking your medicines or with your medical treatment? You may need someone to interpret written information about medicines into British Sign Language (BSL) or Irish Sign Language (ISL) to make sure you take the right dosage. You may need communication support at medical appointments, such as a BSL or ISL interpreter or lipspeaker. Or you may need someone you know to come with you to make sure you follow everything that s said. Do you usually need help from another person to communicate with other people? This help may count as attention with your bodily functions of hearing, speaking or both. It only counts as attention if you have someone helping you in your presence, such as a: sign language interpreter a trained professional who uses BSL, ISL or Sign Supported English and spoken English lipspeaker communication support worker (CSW) speech-to-text reporter notetaker. If you use a sign language interpreter, they must have rest breaks. Explain how often and for how long the interpreter has their breaks, because the breaks mean that communication can take much longer. Explain why an alternative to an interpreter such as using handwritten notes may not be suitable. For example, the conversation may be long, and if BSL is your first language, and English your second, you may find it hard to read notes. Informal communication support If you use friends and family informally to help with communication, it s important that you describe how much informal help you need. You may need a person who is hearing to: help you communicate with people who have difficulty making themselves understood to you, or who find it difficult to understand your speech explain some gestures or body language used by hearing people if you don t understand them

7 Attendance Allowance 7 explain some TV programmes if there are no subtitles, or even when they are subtitled give you important information from the radio explain some sounds if you have some hearing help explain some words or phrases explain conversations, especially if several people are speaking and you can t see who is talking; if you rely on lipreading, you may not always be able to see the face of the person who is speaking, so you may need someone to repeat what is said and explain it to you attract your attention to sounds you can t hear, such as traffic, alarms, warning sounds and announcements you may need someone to explain these sounds to you. If you use sign language and have difficulties understanding written English, you may need someone to explain written information, such as: leaflets letters forms maps and diagrams bills receipts newspapers food labels public transport information adverts s textphone calls TV subtitles. It s also reasonable to need help with communication in a range of day-to-day activities, such as: visiting the doctor or dentist using public transport shopping in a place of worship social and leisure activities. Try to give examples of when you ve needed these sorts of help. You may qualify for the lower rate of the benefit if you need help with communication (or other bodily functions) several times a day. So make sure you describe how your communication needs are spread across the whole day. Remember, it s not the help you actually get, but the help that you reasonably require that counts. Two-way communication The law states that two-way communication in sign language between two people who are deaf doesn t count as attention. But if someone has to stop what they are doing to attract your attention, then it may possibly count. For example, someone may have to walk over to tap you on the shoulder, bang the floor or flash the light on and off. However, there are some conflicting legal decisions on this issue. If the person signing to you is so slow that communication is difficult and they need to make an extra effort to be understood by you (perhaps they are learning to sign), this may also count as attention.

8 Attendance Allowance 8 Do you usually need help from another person to actively take part in hobbies, interests, social or religious activities? Take time to list the activities you take part in and the help you need from another person to do this for example, do you need a friend or family member to go with you to help you communicate or understand written or verbal information? You should also list activities you would like to do but don t do if you don t currently get the support you need. Do you usually need someone to keep an eye on you? This question asks if you need someone to keep an eye on you during the day to avoid substantial danger to yourself or others. If you do for example, because you re prone to falls or stumbles, dizzy spells, seizures or blackouts give details. You may need supervision because you have Ménière s disease, balance problems or dizziness and are likely to have falls or accidents. Explain how often you have seizures, dizzy spells or blackouts. If you re likely to have falls or accidents, explain how often these have happened in the last few months. If you ve hurt yourself or needed to see a doctor or go to hospital after a fall or accident, give details. Help with your care needs during the night You may qualify for the higher rate of Attendance Allowance if you also have other disabilities and need help or watching over at night. If so, explain this when answering the next section of the form. Once you ve completed the claim form, make a photocopy for your records, in case you need to challenge the decision. Tip: Keep a diary For a couple of weeks before you submit your claim, write down the times each day when you need help with communication or other activities such as dressing or washing. Make a note of what help you re given and how long it takes. Focus on your everyday routine, rather than things you don t do often. You can use the diary to help you fill in the claim form. You can also attach a copy of the diary to the claim form, and give further copies to anyone that you have mentioned in the form (such as your GP or hearing specialist).

9 Attendance Allowance 9 How is the decision on my claim reached? If the decision-maker decides that they need more information to determine whether you pass the disability tests, they may request a short report from your GP or another medical professional you named on your claim form. Can I challenge the decision? Yes. It s common for people who are deaf to have their Attendance Allowance claims rejected at first, but many people who are deaf successfully challenge the decision and are then awarded the benefit. You can also challenge the decision if you re unhappy with the rate you ve been awarded. The first step is to make a formal request to have the decision looked at again (known as a mandatory reconsideration). You have one calendar month to ask for a mandatory reconsideration from the date on your decision letter. You need to go through this process before you can appeal a decision. To request a mandatory reconsideration, contact the office that made the decision (contact details are on the decision letter). Explain why you disagree with the decision and send them any extra evidence you have to support your claim; for example, a letter from your GP or hearing specialist confirming your need for communication support to understand basic verbal information. If you telephone, put your request in writing as well and send it to the address on the decision letter. Keep a photocopy. A decision-maker will look at the further evidence you send. They will then either change their decision in your favour or write back to you explaining that they have been unable to change the decision. This letter is the mandatory reconsideration notice, which proves that you ve asked for a mandatory reconsideration (you ll need this if you want to lodge an appeal). You now have one calendar month from the date on the mandatory reconsideration notice to make an appeal to an independent tribunal. How do I appeal? You can t make an appeal unless you have first asked for a mandatory reconsideration of the decision. If you live in Great Britain, download the appeal form, called SSCS1, from gov.uk/government/publications/appeala-social-security-benefits-decision-formsscs1 or get in touch with your local HM Courts and Tribunals Service (search online at courttribunalfinder.service.gov.uk) and ask to be sent the appeal form. If you live in Northern Ireland, download the appeal form, called NOA1(SS), from nidirect.gov.uk/publications/appeals-formnoa1ss or get in touch with your local courthouse and ask to be sent the appeal form visit nidirect.gov.uk/contacts/ contacts-az/northern-ireland-courts-andtribunals-service

10 Attendance Allowance 10 Making the appeal On the appeal form, state clearly why you disagree with the decision. Make sure you complete the whole form, otherwise your appeal could be rejected. The form will ask whether you want your appeal to be decided with or without a hearing. If you choose to have a hearing, you ll be invited to it. Having a hearing and attending can greatly improve your chances of a successful appeal. If you choose not to have a hearing, a tribunal will study all of the appeal papers and come to a decision based on these papers alone. You can send extra evidence and comments for the tribunal to consider at any time, but do so as soon as possible, as the tribunal won t tell you when they ll be meeting to decide your case. Photocopy the completed appeal form for your records and send the original to the address on the form. You need to include a copy of your mandatory reconsideration notice to prove that you ve first asked for a mandatory reconsideration of the decision. What happens then? When the tribunal service receives your appeal form, it will send you an acknowledgment letter. A copy of your appeal will also be sent to the office that made the decision for a response. They should write a response to your appeal and return it to the tribunal service, along with all the documents relevant to the decision. You ll also be sent a copy of everything. The appeal hearing Your appeal will be heard by an independent appeal tribunal. These tribunals are informal they are not like courts. If you have a carer, they can attend the tribunal hearing as well, to explain in their own words what your needs are. If you need to have communication support for the hearing, the tribunal service will arrange it. Support or representation You can get in touch with a local advice centre, such as Citizens Advice, to see if they can give you any support with an appeal, and possibly provide you with a representative to present your case at the tribunal. The charity Turn2us can also help. Use their online Find an adviser tool to search for local support to help you challenge or appeal benefits decisions (see page 13 for contact details). The decision You ll get a decision notice on the day of the tribunal or very soon after. If the decision is a positive one (that you re entitled to Attendance Allowance), you ll start to receive payment, and will be paid any benefit you re owed to cover the period you were appealing. If your appeal is unsuccessful, you can ask for a more detailed explanation of why. To find out more about making an appeal, contact Citizens Advice (see page 12).

11 Attendance Allowance 11 Does Attendance Allowance affect other benefits? Attendance Allowance isn t taken into account as income when means-tested benefits are worked out (such as Pension Credit, Housing Benefit, Council Tax Reduction and Working Tax Credit). In fact, once you re awarded Attendance Allowance, you may become entitled to one of these benefits for the first time, or become eligible for a higher rate of one of these benefits if you re already receiving it. Contact the Pension Service or your local authority (council) to make sure they know you ve been awarded Attendance Allowance. If you get Attendance Allowance and you have a carer, they may qualify for Carer s Allowance. You may lose your entitlement to an extra allowance in your Pension Credit or Housing Benefit if your carer claims Carer s Allowance, so it s a good idea to get advice before your carer makes a claim. To find out more, contact Citizens Advice (see page 12). What if I m in hospital or a care home? But, if you pay the care home fees yourself, you should still be able to get Attendance Allowance. If your local authority paid the fees when you first moved to the home for example, while you were in the process of selling your former home but you re now responsible for the fees yourself, you ll be paid Attendance Allowance. If it s clear that you ll be paying back the fees the local authority are paying when you first move in, your Attendance Allowance should still be paid while the local authority is paying the fees. As the rules about benefits in care homes are complicated, you should get expert advice (see the next section for contact details of organisations that can help). Where can I get more information? Attendance Allowance helpline A government helpline providing information about claiming Attendance Allowance in Great Britain. Telephone: Textphone: NGT text relay: then Website: gov.uk attendance-allowance You ll lose your Attendance Allowance if you spend more than four weeks in hospital or a care home, if the fees are partly or fully paid for by public funds (for example, by your local authority s adult social care department).

12 Attendance Allowance 12 Benefit Enquiry Line (Northern Ireland) A government helpline providing information on disability and carers benefits for people in Northern Ireland. Telephone: Textphone: Age UK A charity providing information and advice for older people about benefits, care, work and learning, and health and wellbeing. Tavis House 1 6 Tavistock Square London WC1H 9NA Telephone: Online contact form: ageuk.org.uk/ contact-us/information-and-advice/ Website: ageuk.org.uk Carers UK A charity providing information and advice on benefits, services and other support available to carers. Telephone: advice@carersuk.org Website: carersuk.org/help-and-advice Citizens Advice Citizens Advice provides free, independent advice on benefits, rights, discrimination, work and more. To find your nearest Citizens Advice Bureau, and for useful online information, visit the Citizens Advice website: citizensadvice.org.uk Disability Rights UK A charity providing a range of information about benefits, including free factsheets and the Disability Rights Handbook. Please note: it doesn t have a benefits advice line for individuals. Plexal 14 East Bay Lane Here East Queen Elizabeth Olympic Park Stratford London E20 3BS Telephone: enquiries@disabilityrightsuk.org Website: disabilityrightsuk.org Law Centres Law Centres provide free legal advice, casework and representation to individuals and groups. All Law Centres specialise in social welfare law. You can find details of your local Law Centre from the Law Centres Network: lawcentres.org.uk Pensions Advisory Service This service provides free information, advice and guidance on the whole spectrum of pension schemes, including State Pensions. Telephone: Website: pensionsadvisoryservice.org.uk

13 Attendance Allowance 13 Turn2us A charity that helps people in financial hardship gain access to welfare benefits, charitable grants and support services. To contact Turn2us, fill in the Contact us form on the charity s website: turn2us.org. uk/about-us/contact-us Information you can trust The Information Standard certifies us as producers of high-quality, evidence-based information. Thank you to the Department for Work and Pensions for helping us review and update this factsheet, published December For information on other benefits you may be able to claim, visit actiononhearingloss.org.uk/benefits Did you find this factsheet helpful? We d love to know what you think of this factsheet please us at reviewpanel@hearingloss.org.uk If you d like to join our Readers Panel, to help us create new publications and improve existing ones, please let us know.

14 Further information from Action on Hearing Loss Our expert information covers everything you need to know about: hearing loss and deafness tinnitus ear problems and treatments hearing aids and cochlear implants useful products and technology communication tactics and support benefits and grants your rights. Visit our website actiononhearingloss.org.uk or call our Information Line (see last page) for information, support and factsheets. You can also find out about services in your area, our hearing research, and how you can get involved. Please help us support others We provide our leaflets, factsheets and Information Line service free of charge to anyone affected by deafness, tinnitus or hearing loss in the UK. We rely on the generosity of our supporters to help us do this. We would be very grateful if you would consider making a donation of as little or as much as you can afford. Please send a cheque, payable to Action on Hearing Loss, to: Freepost RTLX-CZKX-BTTZ Action on Hearing Loss 1 3 Highbury Station Road London N1 1SE (No stamp needed) Donate online at actiononhearingloss.org.uk/you-can-help/donate Or make a donation over the phone by credit or debit card: Thank you.

15 Our purpose is to help people confronting deafness, tinnitus and hearing loss to live the life they choose. We enable them to take control of their lives and remove the barriers in their way. To find out more about what we do and how you can support us, go to actiononhearingloss.org.uk Action on Hearing Loss Information Line Telephone: Textphone: SMS: (standard text message rates apply) Join us Action on Hearing Publication date: December Review date: May Action on Hearing Loss is the trading name of The Royal National Institute for Deaf People. A registered charity in England and Wales (207720) and Scotland (SC038926). A1205/1218