GHT Homepage Insight HIV and Welfare Benefits

HIV and Welfare Benefits
1st Jun 2001

Although the 'Special Rules' DLA often no longer applies, there are many other issues related to HIV, which should be taken into consideration by the Benefits Assessor.

When applying for benefits:

Be Realistic - an HIV diagnosis no longer necessarily qualifies you for disability benefits - assessments will depend on your symptoms.

Community Gossip - it is wise not to listen to rumours about benefits - always seek relevant advice from a welfare rights adviser first.

Employment - because of the uncertainty of the benefit system, many Welfare Rights advisers encourage people to continue to stay in work if possible - you may be far better off emotionally and financially if you can avoid the hassle of form filling and benefits assessments/ reassessments. New pilot schemes include New Deal for disabled people and Welfare to Work benefits.

Out of work Benefits - Disability Living Allowance (DLA - replaced the Attendance Allowance and Mobility Allowance) consists of care and Mobility components. This is a non-means tested, non-taxed benefit, which may act as a 'passport' to other, means tested benefits, such as income support or incapacity benefit. However eligibility for these benefits is not guaranteed.

Mental Health or Learning Disability - Many people, who have failed to qualify for DLA on their HIV status alone, have managed to do so for Mental Health reasons. Many HIV Positive people are likely to experience depression, anxiety, fatigue, and other serious mental health issues which are all related to their HIV status.

Keep your Doctor informed - of ALL your medical conditions. This includes bouts of diahorrea, fatigue, and other illnesses. Medical evidence is vital for your Doctor to provide medical evidence to benefits assessors.

Be wary of Benefits Assessing Doctors - if you are visited by a Doctor employed by the Benefits Agency, get a friend to sit-in with you while being examined. These Doctors are renowned for their ignorance of HIV issues.

Don't be afraid to appeal - if you think a decision is wrong. It is your right to appeal, however, be warned!! If you are already in receipt of benefits there is a big risk involved in asking for a review - you could end up worse off than before (with your mobility allowance being most at risk). Make sure you see a Welfare rights adviser, or Citizens Advice Bureau before asking for a Review.

This information is a summary of an Insight Factsheet on Welfare Benefits, which is available as a document download with this article.