Disability Law Service

Providing Access to the Law - National Registered Charity 280805

508 Bobby Approved   W3C AA awarded
Accessing Advice

Welfare Benefits

Depending on how long an illness or disability lasts and how disabled you are as a result, you may qualify for:

Neither of these benefits is means tested, so you can claim if you are employed. You do not need to have paid national insurance contributions to claim them.

Disability Living Allowance and Attendance Allowance are not considered as income, so by claiming these you do not risk your entitlement to other means-tested benefits, such as Income Support, Tax Credit, Pension Credit, Council Tax Benefit or Housing Benefit.

If you can't work and if you are off work sick, you may qualify for:

Statutory Sick Pay (and possibly also contractual sick pay from your employer) for the first 28 weeks;

Incapacity Benefit (on top of any contractual sick pay you receive from your employer), if you are still ill and can’t work after 28 weeks.

To qualify for Incapacity Benefit you will normally be expected to have paid National Insurance contributions. However those under 20, who have never worked, can still claim (and in certain circumstances those under 25).

If you cannot get Incapacity Benefit, you may be able to get Income Support as someone who cannot work, depending on your income.

If you do return to work and are still disabled, you may also qualify for a higher rate of Working Tax Credit to top up your earnings.

Click on the following links for more information on:

Statutory Sick Pay

Incapacity Benefit

Working Tax Credit

If you have been injured at work as well as the Statutory Sick Pay or Incapacity Benefit, you may be able to claim Industrial Injuries Disablement Benefit if you: have an accident at work; or suffer from one of a list of certain diseases because of your work.

You must have been an employee when you were injured or when you contracted the disease, and the injury or disease must have happened because of your work. To claim this benefit, you do not have to prove that your employer was at fault.

Carers

If you care for a person with a disability, you may qualify for Carer’s Allowance if you:

You do not have to have paid National Insurance contributions to get Carer’s Allowance.

The Princes Royal Trust for Carers

Carers UK

For all current rates of welfare benefits click here

If you live in Greater London and need to talk to a legal adviser about your disability-related benefits or any other welfare benefit please call our advice line.