Eligibility is dependant on the help you need, rather than the help you currently receive. In other words, you don’t have to actually receive help to be entitled to Attendance Allowance. Nor do you need to have a carer; you may receive Attendance Allowance if you live alone.

Attendance Allowance is not means-tested, it is tax free and is not based on National Insurance contributions. In most cases it can be paid together with other benefits such as a State Pension or Pension Credit. Attendance Allowance can also act as a gateway to other benefits.

Who is eligible?

When you claim you must be able to show that:

• you are aged 65 or over; and
  
• you are resident and present in Great Britain (and have been present for at least 26 out of the last 52 weeks); and
  
• you satisfy one of the disability tests (see below) and have done so for the last 6 months; or
  
• you are terminally ill.

To pass the disability tests you must have a need of at least one of the following:

• Frequent attention throughout the day in connection with your bodily functions. For example, if you require help getting out of bed or a chair, getting washed and dressed, taking medications, getting safely round the house, walking up and down the stairs or getting to and using the toilet.

• Prolonged or repeated attention at night in connection with your bodily functions.
  
• Continual supervision throughout the day in order to avoid substantial danger to yourself or others. For example, someone to watch over you to make sure you do not have an accident.
  
• Supervision at night, requiring someone to be awake for either a prolonged period or at frequent intervals, again to prevent danger.

It should be noted, there is no recognition of difficulties that you may have with mobility outdoors.

If you are under 65 you should claim Disability Living Allowance rather than Attendance Allowance.  

How much is awarded?

There are two rates of Attendance Allowance payable: the lower rate (£44.85) and the higher rate (£67). If you require help just during the day or just during the night you will receive the lower rate. If you require help during both day and night you will receive the higher rate.  

How to make a claim

To claim, you need form AA1. You can get this from a Citizens Advice Bureau, by ringing the Dept. for Work and Pensions (DWP) Benefits Enquiry Line 0800 882200. You can also now claim online (or download a claim-form).

Your date of claim will usually be the day you telephoned the DWP or the day your completed forms arrive at the DWP.  

Completing the claim-form

Don't underestimate your needs. Don't concentrate on what you can only do on a 'good day'. Although you may have periods of remission, there could be some underlying or ongoing disabilities, which you should mention. Try to explain your symptoms in detail and how they affect what you can and cannot do. The person deciding your claim may not know much about MS and you need to be specific about how the MS affects you individually. For example, if explaining that you get fatigue, rather than just saying you ‘feel tired’, state when it occurs, how long it lasts, how long you need to rest in order to recover, and if there is anything that triggers it or makes it worse. Remember to concentrate on the things that you have trouble with and need help to do (even if you are not currently receiving help with these particular tasks).

To help your claim, you may wish to keep a diary of your care needs over a few days. This would be useful if your care needs vary, which is often the case with MS. Keep a copy of the diary for yourself and attach another to the claim-form before you send it off.

If you need any help completing the form, you can call the Benefits Enquiry Line 0800 882200. Alternatively, your local Citizens Advice Bureau or a Welfare Officer at your Local Branch of the MS Society may be able to help.  

Making an appeal

If the benefit is refused, there is an appeal process. You can either ask the DWP to look at the case again or you can appeal against the decision to an independent tribunal. You have one month from the date the DWP sends you the decision to do either. The decision letter should make it clear who to write to. It would be a good idea to send them extra evidence to support your case. 

What if I get worse?

If you are already on the lower rate of Attendance Allowance, but find you now need help both day and night, you can only qualify for the higher rate after you have needed the extra help for six months (though you can submit your request for an increase before the six months are up). You do not, however, have to satisfy the six-month qualifying period if you have previously been entitled to the higher rate within the last two years.  

Carer's Allowance

If you are awarded Attendance Allowance at either rate and have a carer, the carer may be able to claim Carer's Allowance for looking after you. If you are living by yourself, however, and receiving Pension Credit, seek advice before letting your carer claim Carer's Allowance, as your Pension Credit could be reduced as a result.  

Things that may affect your award

• If you go abroad for more than 26 weeks per year.
  
• If you refuse a medical by a Dept. for Work and Pensions approved doctor.
  
• If you go into hospital, Attendance Allowance will be stopped after you’ve been in hospital for 28 days. It will start again the first benefit pay day after you leave hospital.
  
• If you are in a care home.
  

 

Last Updated

Reviewed by: Ian Greaves, Disability Rights Handbook editor, Disability Alliance. May 2008.