MS and Social Security Benefits

Why you may need this info.

A diagnosis of MS doesn't mean you will automatically get benefits - it depends on your circumstances. If you are eligible, however, it is your right to claim them - they are not 'charity' or 'handouts'. It's not always easy to work out what you should claim. Rules can be confusing and it can be difficult to get the right information. You won't be told if you are entitled to benefits - it is up to you to find out about them. We want you to be able to claim all the benefits to which you are entitled. This page outlines the main ones relevant to you if you have MS, or are a carer. We recommend that you get more information and advice on your individual situation.

How benefits work

Each benefit has special rules on who is eligible to claim, so you may find you qualify for one but not another. For example, the level of your National Insurance contributions may be important for some benefits, while for others it may be your income and savings. Many benefits are payable whether or not you are working.

You may get more than one benefit at a time. For example, you might get incapacity benefit and disability living allowance in full with some income support on top.

Special premiums

Getting one benefit may entitle you to another. So if you get disability living allowance, for example, your income support entitlement can be increased by a 'disability premium'. If your circumstances change (if your condition changes, or your income goes down, or you stop working) you may get more benefits, or some you were refused earlier.

At-a-glance checklist

Which benefits to claim for different situations

Benefits you may need to claim

Details of the most relevant benefits for people with MS are given in this section:

• if you are off work for short or long periods through illness
• if your income is low
• if you have difficulties walking or doing things for yourself
• if you are or have a carer

If you are out of work for short or long periods through illness

You may be able to get one of the following:

• statutory sick pay (SSP)
• incapacity benefit (IB)
• severe disablement allowance (SDA)
• income support (IS)

Statutory sick pay (SSP) is the minimum amount most people can receive from an employer for up to 28 weeks of illness. Depending on your employment contract, you may also get ordinary full pay or half pay for a specified period. If you do not get, or have finished getting SSP, claim incapacity benefit and/or income support from the Benefits Agency.

Incapacity benefit (IB) is paid for short or long spells of illness, if you have finished getting, or cannot get, SSP for example because you are self-employed, or recently out of work. There is no limit to how long you can get incapacity benefit providing you meet the rules. You must have paid National Insurance contributions, either as an employee or self-employed, but your income, works pension or savings are not important. Most people must pass the "all work test" (see below) at some stage.

Severed disablement allowance (SDA) is payable after you have been ill for six months continuously. Claim it if you do not have enough National Insurance contributions to get incapacity benefit; if, for example, in recent years you have bee at home, or living abroad, or if you never worked. You must pass the "all work test" (and most people, if aged 20 or older, must qualify as 'disabled').

Income support (IS) is payable as a top-up for, or instead of, other benefits for illness. You must meet the usual income and savings rules for income support as well as the "all work test". How much you get will depend on your circumstances.

The "all work test" is a check that you are currently unfit for work. You may be 'exempted' from this test. If not, you will have to complete a lengthy questionnaire about your difficulties with day-to-day activities. Get help with filling in this form. Never play down your problems; if you do, you will lose benefit.

You may also have to have a medical examination by a Benefits Agency doctor. Prepare yourself for this, get advice and take someone with you. Don't assume the doctor knows much about either you or MS. If travelling is difficult, request an appointment near your home, or at home.

If your income is low

If your income is 'low' you may be able to claim one or more of the following:

• Income support (IS)
• Family credit (FC)
• Disability working allowance (DWA)
• Housing benefit
• Council tax benefit
• The social fund

What is low income?

This depends on your situation, such as your age, whether you are single or a couple, or if you have any children, illness or disability. Each benefit uses different income and savings limits, e.g. £8000 for income support and £16000 for housing benefit. These income-related benefits always count your partner's income and savings together with your own.

You can usually get extra amounts in 'premiums', if you are on disability living allowance, invalid care allowance, or some other benefits. Even if you only get a tiny amount of an income-related benefit, it may act as a 'passport' to other benefits and help, so it is important to claim.

Income support. This is a weekly allowance if you have little ornot income. Claim if you have savings or no more than £8000 and you are not working more than 16 hours a week. Income support is calculated by comparing your income to a set rate (known as the 'applicable amount') for you and any family, plus any extras for 'premiums' and certain housing costs.

Family credit (FC) and disability working allowance (DWA). Claim these if you work 16 hours or more a week, have 'low' earnings and your savings are no more than £8000 for family credit, or £16000 for disability working allowance. How much you get is calculated on a sliding scale by comparing your net earnings and other income to the 'applicable amount' for you and any family.

Housing benefit. This is for people who pay rent and have savings of £16000 or less. It does not matter if you work, or receive other benefits. How much you get depends on your income after deductions, the set rates for your circumstances (e.g. children and premiums), your rent and local rent levels.

Council tax benefit. This is calculated on a sliding scale, and can reduce the amount of council tax for which you are liable, after any discounts or disability reductions are applied. The savings limit is £16000 and it does not matter if you work.

The social fund. The social fund can provide grants or loans for certain situations. Of the five different types of payment, the most important are social fund community care grants. For these you must be on income support and convince the Benefits Agency that you need the item(s). Ask for grants for things like essential furniture, household equipment, beds, bedding, clothing or fares to visit someone in hospital. Get advice first.

If you have difficulties walking or doing things for yourself

Disability living allowance (DLA) is an important benefit for those with MS. It can increase your entitlement to other income-related benefits. You don't need to have a carer, or travel or mobility-related costs to be entitled to DLA, and you can spend the allowance as you like.

It does not matter what income or savings you or your partner have, whether or not you work, or have paid National Insurance. There are two parts - mobility and care components; you may get either or both. Claim if your difficulties started when you were 64 or younger.

DLA motility component. Claim this if you have difficulties walking. It is paid at two rates.

The higher rate is paid if you cannot usually walk far in one go (about 50 metres); or if you can walk further but not repeatedly; or if you lose your balance; or if walking causes you discomfort such as dizziness, stiffness or fatigue.

The lower rate is paid if you can walk, as such, but need someone to guide or supervise you, especially in a strange area; for example, if you have problems seeing or get confused or disoritentated.

With DLA higher mobility component you can get an orange badge for parking, use the Motability scheme to lease a car, and get exemption from car tax.

DLA care component. Claim this if you have difficulties with daily tasks such as dressing, bathing, reading, walking, taking medicines, or if you are at risk of accidents. It is not paid if you need help with cleaning or shopping. There are three rates of payment, depending on how much care you need and when you need it in the day or night.

If you are or have a carer

You may be able to get:

• Invalid care allowance (ICA) and/or income related benefits:
• income support
• housing benefit
• council tax benefit
• invalid care allowance (ICA)

Claim these if you:

• provide care for at least 35 hours a week to someone who gets DLA care component at the higher or middle rate or attedance allowance
• do not earn over £50 per week
• are aged 16-65
• are not studying 21 hours or more a week

Your income or savings (or those of your partner) do not matter and there are no National Insurance rules. The relationship between the carer and person being cared for is not important. You don't have to be related or live in the same house.

Other financial help

There are other sources of financial assistance. There is only brief details here.

You may get help with dental treatment and dentures, prescriptions, fares to hospital, eye tests, glasses, hearing aids and wigs if you are:

• on certain income-related benefits, or otherwise have a low income or
• aged under 16, or under 19 if in full-time education, or are over pension age of
• need help to get out and about, or have one of the listed conditions.

If you cannot get these concessions for prescriptions, a prepayment certificate may reduce your costs over four months or a year.

The independent living fund is a limited government-funded trust to help people pay for personal care. You must:

• be aged 16 to 65 and:
• get the highest rate of DLA care
• be on a low income and have savings of £8000 or less
• be assessed by your local council as needing £500 of personal care a week, of which they must arrange and pay for £200 per week

Get advice and apply to your local social services or social work department.

Direct payments from your local social services or social work department can help you buy your own services or care. You must be assessed as needing community care. Payments may be in addition to, or instead of, council services.=. Practice varies across the country, so get advice.

Help from charitable or trust funds may be available. Ask the Welfare Officer of your local MS Society branch about help with specific costs, e.g. for equipment or holidays.

If things go wrong

If you have difficulties getting a benefit(s), or are unhappy with a decision, you can challenge it through a formal review and appeal system. Get advice on the rules and what you need to do.

When people are refused, or paid the wrong amount, it is usually because they have not given a full picture, or the Benefits Agency has applied the wrong rules. Your chances of success, especially with appeals, are much higher if you have an advisor and representative.

Complaints

If you feel a doctor, or any staff working for the Benefits Agency were insensitive or rude, complain as quickly as possible to your Benefits Agency and get advice.

© MS Society