DLA is not means tested, it is tax free and is not based on National Insurance contributions. You may claim DLA if you are still working. It is paid on top of any earnings or other income you may have, and is not affected by savings or capital you own. It is almost always paid in addition to other social security benefits and tax credits. DLA can also act as a gateway to other benefits.

You do not need to have a carer, or someone helping you, to qualify for DLA. What matters is the help you need. The payments are made to you and you may spend it on anything you like.

DLA is divided into two different components: the mobility component and the care component. You can be awarded one or other or both together.

• Who is eligible?


• Mobility component


• Care component


• How much is awarded?


• How to make a claim


• Completing the claim form


• Making an appeal


• What if I get worse?


• Carer’s Allowance


• Things that may affect your award

Who is eligible?

There are common rules to both components. When you claim you must be able to show that:

• you are aged under 65. (Whilst DLA can be paid indefinitely, you will only get DLA if you made your first claim before your 65th birthday.) If you are aged 65 or over you may claim Attendance Allowance; and


• you are both 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 for either component (see below). You must have also passed this test for the previous three months and be likely to pass it for the next six months. This may not always be the case with relapsing or remitting MS where problems can come and go. In such situations it is important to get advice on completing the claim-form to ensure you get the most from your claim.

 

Mobility component

The mobility component applies if you have difficulties in walking outdoors. There are two rates, each of which has a different disability test:

Higher rate - Your physical condition must be such that:

• you are unable to walk; or


• you are virtually unable to walk (any walking that you can only do in ‘severe discomfort’ is ignored); or


• the exertion required for you to walk would present a danger to your life or would be likely to lead to a serious deterioration in your health.

Lower rate – Your physical or mental condition must be such that:

• you must need guidance or supervision from another person, most of the time, to walk outdoors. It does not matter if you don’t need such guidance or supervision when walking around places you know well.

 

Care component

The care component applies if you have care or supervision needs. Physical and mental problems should be taken into account. Any cognitive or psychological problems you may have should not be ignored. There are three different rates to the care component, depending on the level of your needs.

To get the care component at the middle or highest rate, one of the following must apply:

During the day – you need:

• frequent attention throughout the day in connection with your bodily functions (e.g. 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, getting to and using the toilet); or


• continual supervision throughout the day in order to avoid substantial danger to yourself or others (e.g. someone to watch over you to make sure you do not have an accident).

During the night – you need:

• prolonged or repeated attention in connection with your bodily functions; or


• supervision, requiring someone to be awake for either a prolonged period or at frequent intervals, again to prevent danger to yourself or others.

If you have the above care or supervision needs for the day and the night, you get the highest rate of the care component. If you have them just during the day, or just during the night, you get the middle rate.

To get the care component at the lowest rate one of the following must apply:

• You need attention in connection with your bodily functions for a significant portion of the day; or


• you cannot prepare a cooked main meal for yourself.

 

How much is awarded?

Mobility component	per week
Higher rate	£46.75
Lower rate	£17.75

Care component	per week
Highest rate	£67.00
Middle rate	£44.85
Lower rate	£17.75

 

How to make a claim

To claim, you need form DLA1. You can get this from your local Jobcentre Plus office or by contacting the Dept. for Work and Pensions (DWP) Benefits Enquiry Line on 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. The DWP aim to give you a decision within 39 working days of the day they receive your DLA claim.  

Completing the claim-form

Don't underestimate your needs. Don’t concentrate on what you can only do on ‘good days’. 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. 

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. There's more about appealing against decisions in our free publication MS Essentials 13: Claiming Disability Living Allowance.  

What if I get worse?

Once you have been awarded DLA, and there is a change in your condition later on, you can ask for the award to be looked at again. This way, you can claim the mobility component if you are only getting the care component or vice versa. You could also claim a higher rate of either component. Note that you normally need to have satisfied the conditions for the new or higher rate of benefit for three months before your award can be changed. However, you do not have to satisfy the three-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 the DLA care component at either the middle or highest rate and you have a carer, the carer may be able to claim Carer’s Allowance for looking after you. 

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, both the care component and mobility component will be stopped after you’ve been in hospital for 28 days. They will start again the first benefit pay day after you leave hospital.


• If you are in special accommodation such as a care home.

 

Last Updated

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