Facts on Attendance Allowance

Attendance Allowance is a weekly benefit that is paid to people aged over 65 who either:

require frequent attention throughout the day, night or both in connection with their bodily functions OR

require supervision to avoid danger to themselves or others

Bodily functions are personal things such as getting up from bed or a chair, dressing, keeping clean, eating, drinking, communicating or help with medication. In fact this includes anything to do with your body and how it works. For example, you may be able to dress yourself but unable to get the clothes yourself - this would be reasonable if needed to help you to dress. The word "reasonable" is important. The attention you require need only be reasonably required not medically required. Also, you don't have to prove you get the help, you need to show that the help is reasonably needed. YOU DO NOT HAVE TO HAVE SOMEONE WHO STAYS WITH YOU AS A CARER OR HELPER. Frequent means a few times a day, not just once or twice.

Sometimes attention can be supervision and supervision, attention. For example someone could give attention to intervene in case you have an accident - this would also count as supervision.

Attendance Allowance is paid at two rates: a lower rate for people needing attention or supervision during the day or night, and a higher rate for people needing attention or supervision during both day and night. The form to claim for the Allowance has three sections. The first asks for personal details such as date of birth, details of your GP and so on. The remaining sections ask questions about you and how your condition affects you - answer the questions as honestly as possible and in detail - attach a seperate letter if needed. Picture your worst day and explain the help you need on such occasions. At the end of Section 2 of the form there is a brief statement to be completed by your GPor hospital - this is important as the information confirms your medical condition. If you need any help to complete the form ring us on 01942 820299 - we will then send it to you for you to sign. Once you have sent the form in you may receive a reply to say a doctor is coming to see you. THIS DOES NOT mean that your claim is being treated with suspicion - these examinations are just to clarify the extent of the problems you have. Be honest with the doctor who visits you and go into detail. Remember, if you wouldn't normally do something, for example cooking, don't tell the doctor you do, explain why you don't! You will find our factsheet "Preparing for an EMP visit" could help you, ring us for a copy.

The decision

So you’ve made your claim and you get a letter telling you what the Benefits Agency have decided. If you are happy with the decision that’s the end of it. However, check to see what date your award ends - about 6 months before the end date you should receive a set of forms to claim again. If you don’t get the forms or need help to fill then in ring us on 01942 820299. It is also possible that any award of benefit could be looked at again under the "periodic review" system. Again ring us if you need information on this.

But I don’t like the decision ....

Okay you’re not happy. You have 28 days to do something about it. We can help. You need to ask for a "reconsideration". You may need medical evidence to support your claim, again we can help.

There are some things to consider with this "reconsideration". If you have not been awarded any Attendance Allowance then you have nothing to lose. But say you have been awarded the lowest rate and you feel you should have the highest rate. What can you do? Again you have the 28 day time limit. You have to say you are not happy with what you have been given.The decision maker at the Benefits Agency can look at what you have been given already and you could end up with nothing. So there is a risk. Again you may need medical evidence to support your claim. Again we can help with ALL of this.

If you leave it more than a month to do anything about the decision you may find you have to make a fresh claim unless you can meet certain conditions. If you have been given one rate of the Allowance one such condition may be a change in circumstances which could give you a chance at a supersession (see below).

What is a change of circumstances?

A change in something personal to you. For example if your condition has got worse and you now need to do things more slowly or there are things you cannot do, this may be a change in circumstances. But your condition getting worse by itself may not be a change in circumstances unless it has a personal effect on you.

What if you get one rate and would like the other?

You may receive the lowest rate and, because you have a change in circumstances, would like to claim the highest rate. To do so is not quite as simple as filling in a claim form. The process is actually called a supersession when you already receive one rate of the Allowance. You must write to the Benefits Agency explaining that you wish to apply for this and why. They then send you a special claim form to complete.

 

If you need any further help perhaps to phrase a letter for a supersession, or if you are refused the Allowance and would like to take matters further contact our ADVICE HOTLINE ON 01942 820299

OR WRITE TO US AT:

DISABILITY ADVICE AND INFORMATION SERVICES (DAIS)

10 Bridgeman Terrace, Wigan WN1 1SX

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