DLA to PIP Benefit Plans

posted: 10/05/2011

The benefit called Disability Living Allowance (DLA) will be replaced from 2013 - 14 with a new benefit, Personal Independence Payment (PIP). The government has just published their detailed proposals for how this new benefit will be assessed and asks for public comments.

Disability Living Allowance some people with HIV now recieve comes in two flavours - the care component (with 3 rates of payment), and the mobility component (with 2 rates of payment). The top rate of the mobility component is converted by many people into a leased car from Motability.
 

The government intends to cut 20% from the benefits bill when they make the change from DLA to PIP, so the rules for Personal Independence Payment are tougher than the DLA rules, so PIP will go to people ‘with the greatest need’. This means some people will no longer get the benefit or will get less than now.
 

Most people get DLA after simply filling in a claim form. Everyone getting PIP will face a medical assessment as well as filling in a claim form.

Most people will want something simple to read and understand. The Disability Alliance has a useful factsheet page which is kept updated.

The official explanation and consultation documents

Comments by 6 June

The deadline for public comments on these proposals is 6 June. Leading HIV organisations will be making comments on these proposals.

Hardest Hit March - Wednesday

posted: 09/05/2011

1 in 6 people living with HIV have lived in severe poverty in the past three years. On Wednesday 11th May there is a national march in London and mass lobby of MPs at the House of Commons to protest against the government's planned cuts and changes to benefits.

The cuts and benefit changes will make matters worse for the many people living with HIV who rely on Disability Living Allowance, Incapacity Benefit and Employment Support Allowance.
 

National march and lobby of MPs

People from across the country are coming together on May 11th in London to protest against these cuts and changes and to the cuts to local services which provide key services for people living with disabilities including HIV.
 

People with HIV will be joining the march and lobbying of MPs and if you'd like to be part of this and walk alongside the THT and NAT and other banners, you can find out where and when to meet up by contacting Guy Slade at THT (020 7812 1631). Also register and find out more details on the Hardest Hit website.

Once you've registered, you can email your MP to ask to meet with them as part of the lobby at the House of Commons after the march.

If you arrange a meeting, tell THT, who can advise on what you could say to your MP and ask for.
 

Benefits Help Leaflets

posted: 05/05/2011

Many people with HIV are facing changes to benefits and to help with this THT and NAT have two updated factsheets with useful information and advice.

The first leaflet gives general advice and information about benefits when living with HIV – it is for people with HIV who are on benefits, applying for benefits or considering
taking paid work which could reduce or change the amount of benefit.

It is designed to help people find out their entitlement and how best to manage applications, reviews and appeals.

It offers online, written, interactive and phone options for getting help because different people may find different ways of getting the information helpful.
Benefits Advice for People with HIV

On Incapacity Benefit? 

The second leaflet is for people already on Incapacity Benefit who will all have their claims reviewed over the next year or so. People will be reviewed and reassessed under the rules for Employment Support Allowance which replaces Incapacity Benefit.

From Incapacity Benefit to Employment Support Allowance

It makes sense to be prepared and seek help.
 

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HIV and Sickness Benefits

posted: 03/05/2011

Before the May Day holidays the Department of Work and Pensions got a lot of press coverage by claiming that its reforms of sickness benefits were working. It claimed three quarters of the people applying for the new Employment and Support Allowance (ESA) are either fit for work or stop their claim before they’ve had the medical assessment. They claimed this proved the need to urgently reform benefits, and that Ministers are right to reassess everyone on incapacity benefit.

Don't give up on benefits with HIV

People living with HIV who are claiming benefits for sickness – either Employment Support Allowance or Incapacity Benefit - should not feel intimidated. Benefit experts and the National AIDS Trust point out that the system isn’t working properly for people with HIV. But people with HIV very often win if they don’t give up, stick with their claims and get expert help. Very many people with HIV win if they appeal.

False logic

The Department of Work and Pensions is wrong to claim that lots of refused claims and high rates of drop outs from medicals prove the new system of ‘Work Capability Assessments’ is working. For people with HIV these show the system is seriously failing. People with HIV can and do win with help.


HIV and long term conditions

Research by NAT shows that people living with HIV are being found ‘fit for work’ despite medical evidence showing a range of serious physical and mental health problems. These include severe immune deficiency, co-infection with pneumonia or TB, fatigue, depression and debilitating side-effects from essential HIV treatment.

Deborah Jack, Chief Executive of NAT (National AIDS Trust), commented:

‘The refusal of 39% of ESA claims is not conclusive evidence that Work Capability Assessment (WCA) is effective. These claimants may be found ‘fit for work’ under the rules of WCA, but many face very real health-related barriers to work which have been overlooked during the assessment process.

NAT is also extremely concerned by the high drop-out rate of 36% before a decision on the benefits is made. Dropping a claim does not prove someone is not eligibile for Employment Support Allowance. NAT continued ‘An independent review of the Work Capability Assessment revealed serious problems with decision-making and administration, and real failures in the way the DWP communicated with claimants. Stopping a claim halfway, points towards fundamental flaws in the system – which are yet to be resolved.’

More information

If you live in NW England with HIV and and have problems with benefits please contact our support team

DWP statistics can be found here

NAT’s report ‘Unseen disability, Unmet needs - A review of the impact of Work Capability Assessment on people living with HIV’ 

The Work Capability Assessment (WCA) is the test undertaken to determine whether a person is eligible for Employment and Support Allowance (ESA). The WCA aims to identify claimants who have ‘limited capacity for work’ or ‘limited capacity for work-related activity’, so that they may receive the right support to help them live well and (where appropriate) return to work. Those who are found ‘fit for work’ are not entitled to receive ESA. The test contains a series of questions, called ‘descriptors’, which relate to physical and mental functions, and from which claimants score points.

The report of the Independent Review of the Work Capability Assessment

In October 2008, Employment and Support Allowance (ESA) was introduced to replace Incapacity Benefit and Incapacity-based Income Support as the primary income support benefit for people who are unable to work due to disability or illness.
 

Benefit Problems?

posted: 08/04/2011

People living with HIV in NW England on incapacity benefit who are told they will be reassessed, should call the support team at George House Trust for help and advice. Everyone on Incapacity Benefit will be reasssessed and moved onto another benefit - usually Employment Support Allowance, sometimes Job Seekers Allowance. This change of benefits can often be a bumpy journey.

George House Trust advisers will be able to give initial advice and further support as needed.

Alternatively people may call THTDirect 0845 12 21 200 between 10am to 10pm weekdays and from 12pm until 6pm at weekends.

Easing the stress of change

Many people are finding these assessments very stressful and complicated. Unfortunately the evidence shows that many people with HIV are wrongly refused or put in the wrong ‘stream’ of benefits and told they are fit for work. With the right advice and help this can often be prevented, and if not support and help offered with reviews and appeals. The success rate is high when people get expert advice and assistance. Many people with HIV win these appeals.

NAT and THT have produced a useful benefits advice factsheet for people with HIV

THT have more useful advice for people with HIV who are on benefits, applying for benefits or considering taking paid work which could reduce their entitlements to benefits.

It helps people find out their benefit rights and how best to apply, and deal with reviews and appeals.