FACTSHEET F1

Disability Living Allowance (DLA)

This factsheet is a basic introduction to disability living allowance.

1. What is disability living allowance?

You can claim disability living allowance (DLA) if you are disabled, are aged under 65 and need help to look after yourself or have difficulty walking or getting around. DLA is tax free and not means tested.

There are two components to disability living allowance, the care component, which has three rates of payment and the mobility component, which has two rates of payment. You can be paid one or both components depending on your needs.

You can can still get DLA if you are not actually receiving any help to look after yourself or to get around. The amount of savings you have does not affect your DLA.

2. What are the rules for disability living allowance?

To receive disability living allowance you usually must:

• be under 65
• pass at least one of the disability tests
• pass the 'backwards and forwards' qualifying period tests
• pass the residence and presence tests, and not be subject to immigration control

3. Under age 65

Your needs relating to care or mobility must have begun before you reach the age of 65. If you have care needs and you are age 65 or over see our Factsheet F3 - attendance allowance.

Children can receive the care component as soon as they pass the 'backwards and forwards' qualifying period tests. The age rules for the mobility component in the case of children are in the 'Disability test - mobility component' section below.

4. Disability test - care component

For the disability test for the lowest rate DLA care component you must satisfy one of the following conditions:

• need attention in connection with bodily functions for a significant part of the day which can be during one or more periods.
• be age 16 or over and unable to prepare a cooked main meal.

For the disability test for the middle rate DLA care component you must satisfy one of the following conditions:

• need frequent attention throughout the day in connection with your bodily functions.
• need continual supervision throughout the day to avoid substantial danger to you or others.
• need prolonged or repeated attention at night in connection with your bodily functions.
• need another person to be awake at night for a prolonged period or at frequent intervals to watch over you in order to avoid substantial danger to you or others.

For the disability test for the highest rate DLA care component you must satisfy either of the following:

• have one of the day needs and one of the night needs shown in the middle rate conditions.
• you are terminally ill.

Children must satisfy one of the above tests but, in addition, their care, supervision or watching-over needs must also be greater than those of a child of the same age who is in normal physical and mental health.

4.1 What the care component disability test rules mean

needs - This is help that is reasonably needed, not what is given, nor what is medically essential. This is help to lead as normal a life as possible. This includes help you need outside your home. For example you can be given help to do your own shopping or to take part in "reasonable" social activities.

attention - This is help of an active nature required to be given in your physical presence. This can include help given to you to wash, dress or to go to the toilet. It can also be more indirect help such as signing, reading aloud or prompting and encouragement.

bodily functions - These include hearing, eating, seeing, washing, reading, communicating, walking, drinking, sitting, sleeping, dressing or undressing, using the toilet, shaving, shampooing, help with medication and thinking.

significant - This is around an hour in total.

cooking test - This is a test of whether or not you can cook a main meal for yourself if you have the ingredients (and regardless of whether you are a good cook or not). 

frequent - Means more than twice.

throughout - This means spread over the day.

continual - Means regular checking but not non stop supervision; does not have to be constant.

supervision - This is watching over, ready to intervene.

substantial danger- The danger must be real, not just remotely possible.

prolonged - Means some little time (at least 20 minutes).

repeated - Means two or more times.

night - This is 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 - generally between the hours of 11pm and 7 am.

terminally ill - You are terminally ill if you are suffering from a progressive disease where death can be expected within 6 months.  Since 25 September 2006 an award made because you are terminally ill will be for a fixed period of three years. After that period it will be reviewed.

5. Disability test - mobility component

For the disability test for the lower rate DLA mobility component you must:

• need guidance or supervision with walking on unfamiliar routes because of your mental or physical disablement. If you are claiming for a child he or she must need substantially more guidance or supervision than a child of the same age who is in normal physical or mental health.

Children cannot receive lower rate mobility component until they reach the age of five. Also you can only get lower rate mobility component for a child if he or she needs a greater amount of guidance or supervision than a child of the same age who is in normal physical and mental health.

For the disability test for the higher rate DLA mobility component you must satisfy one of the following conditions:

• be unable to walk 
• be virtually unable to walk  
• the exertion required to walk would constitute a danger to your life or would be likely to lead to a serious deterioration in your health
• have had both legs amputated (or missing from birth) at or above the ankle
• qualify for the highest rate of DLA care component, be severely mentally impaired and show disruptive behaviour.
• have a severe visual impairment
• be both blind and deaf and need the assistance of another person to walk out of doors.

Children cannot receive higher rate mobility component until they reach the age of three.

Any artificial aid used, such as limbs or walking frames are taken into account when considering your mobility except for cases where you are claiming on the grounds that you have both legs amputated or missing.

What the mobility component disability test rules mean

guidance or supervision on unfamiliar routes - You can get this if you can walk but need someone on hand to guide or supervise you. If you are blind, have learning disabilities or are mentally ill you are likely to qualify for this rate. The test is based on your ability to cope with unfamiliar routes (for example you may be able to find your way to your local shop but become confused, lost or anxious if walking in a strange place).

virtually unable to walk - This test looks at your ability to walk out of doors on a normal flat surfaced pavement or road. The following factors are taken into account :

• distance walked
• speed of walking
• length of time taken
• manner of walking

When stating how far you can walk remember that any walking done whilst you are experiencing severe discomfort does not count.

For example; you may be able to walk 100 metres but can only do the last 80 in severe discomfort. It would be reasonable in this case to say you can only walk 20 metres. Pain and breathlessness are also considered when assessing whether or not you experience severe discomfort.

severe mental impairment and disruptive behaviour - Severe mental impairment refers to someone who "has arrested or incomplete physical development of the brain resulting in severe impairment of intelligence and social functioning". Conditions that start later in life, such as recent brain damage or the onset of Alzheimer's disease which affect people whose brains are fully developed, do not count.

The disruptive behaviour must be extreme, require physical restraint to prevent physical injury or damage to property and also require someone to watch over you whenever you are awake.

Severe impairment of intelligence is determined in many ways. It can be through an IQ test or by assessing someone's "useful intelligence" - the ability to function in a real life context. 

severe visual impairment - You must be certified by a consultant ophthalmologist as severely sight impaired or blind and are severely visually impaired. You are severely visually impaired if:

• you  have visual acuity, with appropriate corrective lenses if necessary, of less than 3/60; or
• you have visual acuity of 3/60 or more, but less than 6/60, with appropriate corrective lenses if necessary; and a complete loss of peripheral visual field; anda central visual field of no more than 10° in total.

blind and deaf - To satisfy this you must have 100% disablement from loss of sight and 80% disablement from loss of hearing.

6. The 'backwards and forwards' qualifying period tests

You will need to have satisfied the disability tests for three months before you will be paid and must also be likely to continue to satisfy these tests for at least 6 months after the date of your first payment. This rule does not apply if you are terminally ill.

7. The residence and presence test

You must not be subject to any limitation on your right to stay in this country, such as a limitation on working or claiming benefits. There are exceptions to this rule, for example if you have refugee status or exceptional leave to remain or are a European Economic Area (EEA) national.

If you claim disability living allowance you also have to satisfy the residence and presence test. For this you must:

• be ordinarily resident in the UK
• be present in the UK for 26 weeks in the last 12 months (if you are claiming for a child who is under 6 months old he or she only need be present for 13 weeks).

Ordinarily resident is not defined. It is taken to mean the place where you normally live for the time being if there is a degree of continuity about your stay and it can be described as being settled.

Present means physically present in the UK.

If you are terminally ill you do not have to satisfy the presence test though you must still be ordinarily resident in the UK.

If you go abroad to live in an EEA country and your DLA care component is exportable you do not have to satisfy the residence and presence rules.

If you go abroad but intend to return you can continue to be paid disability living allowance for the first 26 weeks of your temporary absence. This time limit can be extended if you are being treated for an illness or disability that began before you left Great Britain and the Secretary of State agrees that it is consistent with the proper administration of the benefits system to pay you for a longer period.

Normally If you intend to live abroad permanently your disability living allowance will stop from the date you leave this country. However you can continue to get disability living allowance care component if you go abroad to live in an EEA country and your benefit is considered to be exportable.

7.1 Exporting or claiming disability living allowance care component in the European Economic Area (EEA)

On 18 October 2007 the European Court of Justice ruled that disability living allowance care component can be paid to people who move from the UK to another country within the European Economic Area (EEA).

Information on claiming disability benefits if you live in another European country and taking disability benefits to other European countries is available on the DirectGov website at www.direct.gov.uk.

You can also find out more information about exporting disability living allowance care component by contacting the Pensions, Disability and Carers Service exportability team:

Exportability Co-ordinator
Room C216
Pension, Disability and Carers Service
Warbreck House
Warbreck Hill Road
Blackpool
FY2 0YE

Email: exportability.team@dwp.gsi.gov.uk .

8. How much is DLA?

The rates for the care component are:

* lowest rate - £19.55
* middle rate - £49.30
* highest rate - £73.60

The rates for the mobility component are:

* lower rate - £19.55
* higher rate - £51.40

You can only receive one rate from each component.

9. Reform and replacement of DLA

The Government proposes that DLA for those of working age (16-64 year olds) will be replaced by a new Personal Independence Payment from 2013. The Government is also considering whether to reassess children and people aged over 65.

10. How do I claim?
Telephone the Benefits Enquiry Line free on 0800 88 22 00 or the Disability Contact Processing Unit on 08457 123 456 and ask for a DLA claim pack. If DLA is awarded it will start from the date of this phone call, as long as you return the form within six weeks. The form is available in large print if you ask for it.

You can also download or complete the claim forms online via the Government website: www.direct.gov.uk/disability-dla.

If you need help completing the pack, call BEL and ask for the forms completion service or home visiting service. DWP can provide transcripts of your answers to the questions on the claim form in large print or braille.

There are two disability living allowance claim forms, DLA1 for adults and DLA1 Child when claiming for someone under 16.

You may also be asked to complete a DLA 960. This short form is intended to quickly tell you if your claim has any chance of success and help you to decide whether to make a claim or not.

You can call the Benefit Enquiry line and ask for a form. The number is 0800 88 22 00 (textphone: 0800 24 33 55). If you return the completed form within six weeks it will be backdated to the day you requested it. In the future it is proposed to reduce this backdating time from six to two weeks.

To claim Disability Living Allowance online or to download a form, please go to www.dwp.gov.uk/eservice/.

The Benefit Enquiry line in Northern Ireland is 0800 220 674 (textphone: 0800 243 787). You can also download a claim form or claim online by going to www.nidirect.gov.uk.

11. Completing DLA claim forms – general tips

Take your time
It can take two hours or longer to complete a DLA claim pack. Take time to think carefully about the answers to the questions. You do not have to complete the whole pack in one sitting.

Give full and detailed answers throughout the claim pack
The DWP decide most claims solely on the basis of the information given in the claim pack. It is very important to give a detailed explanation of the difficulties that you have and the help you need.

If you are registered blind or partially sighted, do not assume that this fact speaks for itself. Explain precisely why you need help with seeing when doing each activity and what sort of help you need.

Do not underestimate your needs
Most people find that a positive attitude makes it easier to live with sight loss. However, just on this occasion, try really hard to think of all the things that you cannot do or have trouble with.

Think about a typical day or week in your life and consider all the times when you may have difficulty or need extra help. It can be very helpful for you or someone close to you, to make a list of all the things that you need help with over a few days. Even if you only need assistance for a few moments each time, the different types of help do add up.

You may have developed specific ways of coping with certain activities. However, if an activity takes you much longer than it would take a sighted person, or if it is difficult for you to do it safely, then that can be taken into account.

It is the amount of help that you need that matters, not the amount of help that you actually get
If you are struggling to do things unaided despite difficulties or pain, explain this on the form. If you have to lead a restricted lifestyle because you do not get all the help you need, this should be taken into account.

Housework and shopping
If you need someone else to carry out domestic tasks for you – such as shopping or cleaning – this cannot normally be taken into account as personal care. This is because these tasks can be done when you are not there.

However help with domestic tasks should be counted if:

• you are unable to cook safely for yourself without help
• you need someone to come with you when you go shopping or if you do your own housework but need someone with you to help or check that you have done it properly
• domestic tasks are involved during the course of helping you with personal care, and have to be done on the spot. For example, if you need someone to wipe off food that you have just spilt on your clothes or on the table.
• If you use special equipment, explain its limitations
  Special equipment can be useful but often it does not fully solve the problem – some help from another person is still needed. For example, if you are partially sighted, you may be able to read using a magnifying glass, but still need help from another person to read long texts, small print, handwriting and writing that you cannot get up close to
• Maybe you use a computer or other equipment to help you communicate, but need help with setting it up or using it.
• Explain if you have tried a particular piece of equipment but found it unhelpful.
• Mention any special circumstances
• Be sure to explain the effects of other health problems and how they interact with each other.
• Has your sight or your health got worse recently?
• Have you had a bereavement or moved to a new home?
• Do you have pets, or children who leave toys on the floor?

This could increase your need for help or supervision, so give details on the form. Mention it if your sight loss has been sudden, or you have found it hard to adapt.

If you work or study, be sure to include the help that you need with seeing at your place of work or study.

12. Completing the DLA claim form – checklist

The following are examples of the kind of things to think about when filling in the claim form. If any of the things mentioned below apply to you, you should mention this on your form.

Use this checklist as a guide, but remember to give plenty of information in your own words about your personal circumstances.

Washing, bathing and looking after your appearance

Do you need help:

• to adjust shower controls?
• to find and identify different bottles and items in the bathroom?
• to get into or out of your bath or shower?
• to check that your face and hands are clean?
• with shaving or putting on make-up?
• with washing, rinsing, drying or styling your hair?
• putting toothpaste on the brush?
• cutting your nails?

Do you need someone to act as a mirror several times a day to tell you:

• whether your clothes are clean and tidy?
• whether your hair and general appearance is presentable?

Help with your toilet needs

Do you need:

• someone to guide you so you can get to the toilet safely, especially in unfamiliar places?
• help to adjust or check your clothing after using the toilet?
• help to find the toilet and the wash basin in unfamiliar places?
• help to use the toilet during the night?

Getting dressed or undressed

Do you need:

• someone to help you find and choose clean, colour coordinated clothes, that are appropriate for the weather?
• help with fastenings such as shoelaces and buttons?
• someone to tell you if a piece of clothing is on inside out or you are wearing odd socks?

Mealtimes

Do you need someone to:

• help you put the food on your plate?
• describe the food on your plate and tell you where each item is?
• cut up certain foods and to remove bones?
• tell you if there is any food left on your plate?
• help you to find other items on the table? For example, cutlery, condiments
• tell you if you have spilt food on the table or on your plate?
• help you to read menus or select food in restaurants?

Cooking

Do you need help to:

• read cooking instructions, recipes and use by dates?
• locate and identify items of food and utensils?
• peel or chop vegetables or cut meat?
• distinguish between different ingredients?
• check that vegetables are properly washed?
• check whether food is properly cooked?
• check how much liquid is in a pan? Boiling water for example
• cope with hot pans, frying food and straining boiled food?
• use the cooker, microwave oven and any other kitchen equipment such as knives? Have you had accidents?
• make drinks – spilling liquids or sugar?

Do you prefer to use a microwave to cook items or do you eat takeaways or ready-made meals because you find it hard to cook using a conventional cooker?

Help with medical treatment

Do you need help to:

• identify and sort out your tablets?
• measure and pour liquid medicine?
• read instructions about taking medication?
• take eye drops?
• find dropped or spilt medication?
• manage diabetes? For example, testing blood sugar, urine, monitoring and recording results or having insulin injections
• change the batteries in your hearing aid(s)?

Do you need help to get around indoors?

Do you need help to:

• move around in your own or other people's homes, and other places such as your workplace, college, shops, public buildings or restaurants?
• get up or downstairs safely?
• avoid bumping into furniture, doors, doorframes or other obstacles?
• deal with callers to the house, checking ID, signing receipts?
• cope with changes in the environment such as moving from sunlight outdoors to a dimly lit theatre hall?

Do you need help to get around outdoors?

Include details of the help you need with any journeys you make, for example, to get to work or college, to get out for social and leisure activities or to get out for exercise. Try to give a daily average of the amount of time you need help outdoors.

Do you need help:

• to get to particular places in unfamiliar areas?
• to check road signs or to read street names?
• to avoid getting lost or getting into danger in unfamiliar areas?
• to avoid obstacles such as lampposts, potholes or other pedestrians?
• to cope with kerbs and steps?
• to cross roads safely?
• do you need extra help at night, in poor light or in bright lights?

Public transport

Do you need help to:

• read bus numbers, timetables, identify train platforms or bus stops?
• handle money to pay your fare?
• get onto the bus or train and find an empty seat?
• find a taxi rank, get into a taxi or pay the driver?

Accidents, falls and stumbles
Describe any accidents or falls you can remember. Try to remember where you fell and the help that you needed afterwards. For example, did you need someone to check if you had dirtied or damaged your clothes, did you need someone to apply first aid or to check you had not any dropped any items you had been carrying?

Mention if you stumble on obstacles and hazards indoors or outdoors, such as stairs or uneven paving.

Reading

Do you need help with:

• reading and replying to your personal mail?
• signing cheques, letters or forms?
• reading things at home such as labels on food, instructions for household items or labels on medication?
• reading newspapers and magazines?
• reading things at work such as reports, memos, letters, instructions, timetables or messages?
• reading in connection with your studies or hobbies such as needing someone to read the TV listings to you?

Other help

Do you need help with:

• locating things that you have dropped?
• finding items around the home?
• locating items in shops, reading price tags, or labels for size?
• reading receipts in shops?

Working or studying

Do you need help with:

• reading memos, text books and white boards?
• identifying your colleagues or peers
• finding your way to meeting rooms, classrooms or lecture halls?
• using machines including photocopiers, fax machines or computers?
• purchasing meals, snacks or drinks from the work canteen or vending machines?
• using public transport when making your way to and from your work place, school or university or college?

Social or leisure activities
You can write about activities that you would like to be able to do, even if you cannot do them because you do not get the help you need.

Examples of activities:

• visiting friends and family
• going out because it makes you feel better, for exercise, or for fresh air (if you would like to go out every day, say so on the form)
• gardening
• playing bingo or other games
• going to pubs, restaurants or theatres
• watching television and needing someone to describe or explain what is happening during a programme or film
• listening to music, identifying tapes, CDs or DVDs
• sports, keep fit, jogging, swimming
• going to a place of worship and following the service

Do you need help, or would you need help, to carry out the above activities? This can include:

• coping with transport
• guidance when walking in unfamiliar places
• help to locate and use tools or items that you need to follow a hobby
• help to read notices, instructions and other information
• help with handling money, buying tickets, drinks and so on
• having your surroundings described to you and being told who else is there
• help to recognise friends other people and who is talking in a group

13. If your claim is turned down, do not despair
Sometimes the DWP makes the wrong decision, even if the claim pack has been filled in well. You can ask for your claim to be looked at again within one month of the decision.

You can either ask for “reconsideration” or an appeal. A reconsideration is asking the office that sent you the decision to look at your claim again (within one month of the original decision letter). This process can be much quicker than going to appeal and is more likely to be successful if you are able to give the decision-maker some new evidence they have not already considered. Explain why you think a higher rate of benefit should be paid. Supporting evidence, such as a letter or diary from a teacher or a social worker, may be helpful.

You have the right to appeal to an independent tribunal if you are not happy with the original decision about your DLA claim or a reconsideration. The time limit is just one month from the date of the decision that you are appealing against. An appeal is a much fuller examination of your case and at least one tribunal member will have experience of disability issues.

If you are considering reconsideration or an appeal and would like advice, phone our Helpline on 0303 123 9999.

14. DLA and other benefits
If you get Income Support, Pension Credit, Incapacity Benefit, Employment and Support Allowance, Jobseekers Allowance, Housing Benefit or Council Tax Benefit, you may find you get more benefit once you get DLA.

If you do not already get the above benefits and are successful in claiming DLA, you should consider claiming these, even if you have been refused them before. Contact our Helpline for more details.

Carer’s Allowance

If you get the middle or highest rate of DLA care component and you have a carer, they may be able to claim Carer’s Allowance. However, this can affect your other benefits so seek advice before they claim. For further information see our “Benefits for carers” factsheet.

15. DLA and Personal Independence Payment
The Government has proposed replacing DLA with a new benefit called Personal Independence Payment (PIP) which it intends to bring in around 2013–14. 

The Government has said that when PIP is introduced, DLA claimants of working age (people aged between 16 and 64) will be reassessed under new criteria. It is understood PIP will consist of two components – a mobility component and a daily living component – and that each component will have two rates of payment.

We are consulting with the Government on these proposals and have highlighted how PIP may adversely affect blind and partially sighted people. Please call our Helpline for further information or check our website for updated information and news about DLA and PIP.

Important:  Until the introduction of PIP in 2013–14, DLA claimants will continue to receive their benefit as normal.

16. Where can I get help with claiming?
You can get help with filling out your disability living allowance form at a local advice centre, such as CARA or any citizen’s advice bureau.

You can also get more information about the benefits mentioned on our website at www.cara-online.org. Much of this information is contained in factsheets available at www.cara-online.org.

If you experience difficulties claiming any of the benefits mentioned in this factsheet, disagree with a decision or want further information, please contact us for further assistance.

You can also obtain copies of these factsheets/publications by contacting CARA, 18 - 22 Ashwin Street, Dalston, Hackney, London E8 3DL United Kingdom - Tel: +44 (0) 844 478 0015 -Mob: +44 (0) 795 695 2645 -Fax: +44 (0) 872 115 8436 -Email: info@cara-online.org

Updated 7 April 2011