Summary of benefits

Statutory Sick Pay

If you are working and are sick for four or more days in a row, you are probably entitled to Statutory Sick Pay (SSP) from your employer. This entitlement is valid for up to 28 weeks and only if before your period of sickness your average earnings started at, or were above, £97 a week (the lower earnings limit at which National Insurance contributions become payable).

SSP is the legal minimum that your employer has to pay, but your work contract may provide better conditions, so do check your company’s sick pay arrangements. You need to tell your employer that you are sick immediately and produce a doctor’s certificate after seven days. Your employer will then pay your SSP to you in the same way as your salary. Working tax credits can be paid to you throughout this period. If you are still sick after your SSP has ended you can claim Employment and Support Allowance (ESA).

The Employment and Support Allowance

This benefit is for people with an illness or disability that affects their ability to work. It is designed to help people get into work and has replaced Income Support and Incapacity Benefit which was paid because of ill health or disability.

You may be able to claim ESA if you have limited capability for work and would describe yourself as one of the following:

• off work or out of work
• self-employed
• working for an employer but unable to get SSP, or your SSP has now stopped.

You will be assessed to see whether you qualify for the allowance, and how much of the allowance you should receive. This might involve completing a questionnaire, or attending a medical assessment. You will also be assessed to see if you can take steps to find work or whether your illness or disability will prevent you from doing this.

You can get up-to-date information about ESA from the Department for Work and Pensions website at www.dwp.gov.uk/esa.

Incapacity Benefit

Incapacity Benefit is now normally only available to people who were claiming it before the new ESA was introduced in October 2008. From February 2011, people who are on Incapacity Benefit will be reassessed to:

• move onto Jobseeker’s Allowance if they are deemed capable of work
• switch to ESA if they need support while preparing for work
• switch to ESA if they are too ill to work, or have secondary breast cancer.

These changes are being implemented to phase out Incapacity Benefit but claimants still eligible for money will receive support under a benefit by another name. This process will occur over the next few years but should not affect anyone already receiving the ESA.

The change will mean that people on Incapacity Benefit will be sent a medical questionnaire after which it will be decided whether or not you must attend a work capability assessment. This will determine whether you are diverted to either the ESA or Jobseeker's Allowance.

Disability Living Allowance

If you are under 65 and you need someone to help look after you, and/or have walking difficulties, you may be entitled to Disability Living Allowance (DLA). If you are over 65, see the Attendance Allowance section.

You can get DLA whether you work or not and it isn’t dependent on any savings or income you or your partner may have. It is tax-free and can increase the amount of other benefits or credits that you’re entitled to, so it’s an important benefit to receive. To be eligible for DLA, your condition should be likely to continue for at least a further six months. It is important to be realistic and not to underestimate the help that you need.

The Government is planning to reassess everyone of working age who receives DLA. A new medical assessment for DLA (both for new and existing claims) is expected to come in during 2013.

Special rules

If you have secondary breast cancer you may be able to get DLA quicker and easier. This process is called special rules and is applicable for people who may not be expected to live for more than six months. This does not mean your allowance will stop after six months, you will continue to receive the allowance while you still need it. If you are caring for someone you can claim on their behalf.

To claim under these special rules, complete a DLA claim form and ask your GP, cancer specialist or Macmillan nurse to complete a DS1500 form which they will have copies of. You cannot get one of these forms yourself.

For more information on this, visit www.direct.gov.uk/disability.

Attendance Allowance

If you are aged 65 or over and need someone to look after you, you may be entitled to Attendance Allowance (AA). It isn’t dependent on any savings or income you or your partner may have. It is tax-free and can increase the amount of other benefits or credits that you’re entitled to so it’s important to see if you’re eligible. To receive AA you should normally have needed help with care for six months.

Special rules

If you have secondary breast cancer you may be able to get AA quicker and easier. You don’t need to wait until you have needed help for six months and you receive the highest rate whether or not you need any help with your care. This process is called special rules and is applicable for people who may not be expected to live for more than six months. This does not mean it will stop after six months, you will continue to receive the allowance while you still need it. If you are caring for someone you can claim on their behalf.

To claim under these special rules, complete a DLA claim form and ask your GP, cancer specialist or Macmillan nurse to complete a DS1500 form which they will have copies of. You cannot get one of these forms yourself.

For more information visit www.direct.gov.uk/disability.

Please note - The DLA and AA claim forms are long and complex. It is a good idea to get help with filling in the claim forms from a benefits adviser.

Carer’s Allowance (CA)

Carer’s Allowance is a weekly taxable benefit for people who are caring for a severely disabled person for at least 35 hours a week. Entitlement depends on your income – the earnings limit is normally updated every April and is currently £100 per week, after allowable deductions, expenses and certain other benefits. It is not dependent on National Insurance contributions.

The person you are looking after must be receiving DLA at the middle or highest rate of the care component or AA at either rate.