As the government announces further cuts to welfare benefits, find out if you will be affected - and how we can help.
The day after THT and NAT published a report showing that 1 in 6 people living with HIV have suffered severe poverty in the past three years, the government announced further cuts to the Work and Pensions budget that could potentially have a severe effect on many people living with HIV and claiming benefit.
First things first though – don’t panic! Although some of these measures may seem very worrying, many will not be implemented for some time, and most of those that will be put into action straight away (in this new round of announcements) are freezes rather than cuts. If you are having trouble making sense of the cuts give THT Direct a call and we can guide you through them.
The ESA review was announced October 2010.
Employment Support Allowance (ESA) is divided into contributions based and income based – the first is not means tested and is very similar to Incapacity Benefit.
As part of the Government's spending review announced in October 2010 there will be a time limit of one year for those claiming contributory ESA who are placed in the work related activity group (WRAG).
From April 2012 a time limit of one year will apply to all contributory ESA claims placed in the WRAG.
People in the WRAG already receiving contributory ESA as of April 2012 will have the period of time already spent on the benefit before April 2012 taken into account when calculating the one year period.
The Department for Work and Pensions is currently in the process of migrating all those on Incapacity Benefit and Income Support due to incapacity onto ESA. The migration started in October 2010 and is expected to last three years.
People who are in receipt of Incapacity Benefit who are reassessed and converted to ESA before April 2012 will have there benefit time limited – with the 12 month period running from the point of conversion.
People who are in receipt of Incapacity Benefit and are reassessed and qualify for ESA after April 2012 will also receive 12 months ESA from the point of conversion.
Those in receipt of income related ESA and all those in the Support Group are unaffected by this change.
If you receive a letter stating your contributions based-ESA will end, you should make a claim for Income related-ESA without delay. If you are refused please contact THT Direct for further advice on 0808 802 1221.
Yes you can, but only if you feel that your health condition has deteriorated since the decision was made. If this is the case you should contact your local Jobcentre Plus to request a review of your claim and you should provide medical evidence to support this. This evidence will be looked at and you may be asked to attend a further work capability assessment.
Income-related ESA is means tested and is paid to those claimants whose income and capital is within set limits and satisfies the conditions set by the Department of Work and Pension.
Contribution ESA is paid to claimants who satisfied the National Insurance contribution regulations. This is the group this proposal will affect if it is approved.
A claimant who satisfies the limited capability for work-related activity assessment (which is part of the Work Capability Assessment) is placed in the support group of ESA and will not have to undertake work related activity or attend work-focused interviews. Claimants who do not satisfy this assessment are placed in the work related activity group and have to undertake work related activity and attend work-focused interviews or they could face sanctions. The support component is paid at a higher rate than the work related activity component.
The introduction and development of ARV combination therapy has led to the life expectancy of people with HIV improving a lot over the past decade.
Combination therapy has also changed the care needs of some people. Therefore a number of people with HIV who were awarded the DLA on the grounds (accurate at the time) that they were reasonably expected to die within six months may now face a review.
THT Direct understands that this is a very worrying process for people who receive "special rules" DLA and we're here to support you through this process, provide you with the relevant advice, and help you get the best result you can from the review.
In the event that you do lose benefits we can provide you with support and help in adjusting to the changes. You don't need to face the review alone - get in touch with us for support on 0808 802 1221.
The DCS consulted Terrence Higgins Trust and specialist doctors about the long-term health and social issues faced by people with HIV. They did a similar exercise for people with cancer, because records showed that people in these two categories were particularly likely to have lived much longer than the original award assumed.
Terrence Higgins Trust highlighted a range of issues people living with HIV may face on a day to day basis and clinicians involved in the review agreed with these, as well as highlighting treatment side effects and ongoing clinical problems for many long term survivors.
We are aware that reductions in benefits are likely to cause hardship and distress and are working with the DCS to ensure that the review is carried out as sensitively as possible. Along with other organisations we continue to meet with the DCS about this review and we have a chance to comment and raise further concerns.
You'll receive a letter and a form (DBD551) from the DCS asking for information about your medical condition, your medication, and the professionals involved in your care.
When this form is returned to the DCS they will contact your consultant for details of your condition.
Once they have this information the DCS will make a decision about your DLA if they have sufficient information to base that decision on. The decision could be for the claim to remain the same, be reduced or stop altogether.
They'll inform you by post of their decision.
In cases where the DCS feels that the consultant has not been able to provide enough information about your day to day care needs the DCS will then send you a second form to gather this information (DL 556).
This form is the same form which is sent out to new claimants but in this case it will be used to assess your eligibility under normal rules.
If you don't agree with the decision made by the DCS you can ask for a revision and then an appeal.
Please don't ignore the letter, as a decision may be made about your benefit in the absence of the most up to date medical information.
If you want to talk to someone before you complete the form please call THT Direct on 0808 802 1221.
Let your hospital consultant, GP or specialist know that they will be getting a letter asking for information about your DLA claim.
Take the opportunity to discuss your medical condition with your doctor or consultant so that they can provide the most up to date and accurate information about your condition.
If you do not want your GP (or any other persons or organisations) to be contacted please tick the relevant box on page 8 of the form.
If the review shows that you still qualify for the award, then the DCS will not change your benefits. However, if this is not the case, the DCS will ask you to complete form DL 556 to find out what, if any, entitlement you have under normal rules. In the normal rules the care component is paid at three different rates and the rate you qualify for will depend on the level of your care needs.
The DCS will not seek to reclaim any money from you if you're not eligible for the higher rates, but they may change what you're paid from the time of the review.
If your DLA is reduced it might affect your Income Support or your Working Tax Credits. If you have a freedom pass, a motability car, a blue badge, or a discount or exemption from Congestion Charge you might lose these as well.
If the review decides to change your benefits then the first step you can take is to ask for a revision.
If your benefit is changed and you do not agree with the decision, you can ask for the DCS to look at your claim again. If you have further evidence at this stage you can send this in for them to look at as well. A different person will look at your claim and they will let you know the outcome.
If their decision is the same as before your next step is to ask for an appeal. You should ask the DCS to send you a copy of the full written reasons for their decision and a copy of all the evidence they looked at. This will help you or your adviser in making the appeal.
The people who examine your appeal are the Social Security and Appeals Tribunal. They are an independent body and the hearing is informal. You'll have the option of a paper hearing or an oral hearing.
A paper hearing is one where you're not present and the relevant paper work is looked at by the panel. The oral hearing takes the form of an interview where the panel asks you questions - we'd advise you to take this option. It's worth bearing in mind that the panel will look at your whole award, not just the part your appealing against, so you could end up coming out of the appeal with less benefits than when you went in.
We can advise and support you through the revision and appeal process - just get in touch with THT Direct.
Please make sure that you ask for a revision or an appeal within one month of the date of the decision (which is the date on the letter). If you are unhappy with the revised decision you can ask for an appeal within one month of the revised decision. If you're unable to get advice within that period and you are unsure what to do, please call the DCS and ask for an extension.
If you lose benefits it might be that you'll decide to try to return to work. If you do, it’s a good idea to first discuss how it might affect your health with your consultant. You should get advice about how work will affect your other benefits before you start and you can call THT Direct about this or to get general support about any concerns you may have about working with HIV.
We understand that this review can be a time of change for you - and might put you in places where you haven't been for a long time. We're here to support you through those changes - whether it be finding you financial assistance, helping you back into the workplace, or putting you in touch with a counselor where you can explore how to cope.
If you feel you need help then please get in touch with THT Direct.
Terrence Higgins Trust had a meeting recently with the Department of Work and Pensions (DWP) who said that they will reform the Disability Living Allowance (DLA) to ensure support is targeted to those with the highest medical need.
The Government plans to replace Disability Living Allowance (DLA) with the Personal Independence Payment (PIP) from 2013. They plan to introduce the use of medical assessments for all Personal Independence Payment (PIP) claimants from 2013.
This reform will affect people of working-age who are currently in receipt of DLA, existing DLA claimants will be reassessed for PIP. By introducing the new "objective assessment" from 2013, the DWP hope to save a 20% reduction in terms of caseload and expenditure.
Changes to Tax Credits take effect from April 2011.
Working Tax Credit have been frozen from April 2011 for three years and there will be a change for parents claiming WTC: they will now have to work for at least 24 hours a week between them, with one parent working at least 16 hours.
70 per cent of childcare charges are covered by WTC, this is down from the previous 80%. The additional £545 paid for the first year of a baby’s life has been withdrawn.
There will no longer be a route to qualify for working tax credit (WTC) through being over 50 and having been on benefits for six months.
Backdating of Tax Credit claims has been reduced to one month instead of three months.
From April 2011 there were changes to Housing Benefit/Local Housing Allowance (LHA).
Housing Benefit for private sector properties is called Local Housing Allowance (LHA). LHA rates are fixed at the 30th percentile instead of the previous 50th percentile. This means that about 3 in 10 properties for rent in an area will be affordable to people claiming LHA rather then 5 in 10.
There will be a national cap on all the LHA rates. – Limits are being set for a maximum LHA for each size of property (except the room in a shared house) and these are applied whatever the 30th percentile figure.
If you are under 35, single and living in private rented accommodation then you can only be awarded what is called the shared room rate of LHA, that is, the amount of rent that would be charged on average for a single room in a shared house in your area.
there are exceptions for those who qualify for the severe disability premium on their Housing Benefit calculation – broadly speaking, those in receipt of the middle or higher rate of the care component of Disability Living Allowance. This means that if you live by yourself and do not qualify for the severe disability premium then you will not be able to get housing benefit for a privately rented self contained flat until you are 35 or over.
The Government has ended the maximum £15 weekly LHA excess that some people now receive.
The temporary measures to do with Mortgage Interest Payments brought in by the last government has been extended. This means that the qualifying period for new claimants stays at thirteen weeks, and the upper limit for help with your mortgage stays at £200,000.
The DWP use a standard interest rate; this may be different to the rate you actually pay. From 1 October 2010 the standard interest rate is set at a level equal to the Bank of England’s published monthly average mortgage interest rate.
There will be a cap of £500 per week put on a household’s total benefit income. However, this will not affect households where DLA, working tax credit or War Widow’s Pension are in payment.
Cold weather payments will be permanently increased to £25 per week for older or disabled people.
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I'm a gay man, who has been living with HIV for almost 16 yrs. It hasn't always been plain sailing, I've had a few close calls with illnesses over the last decade. I've been lucky, thanks to the healthcare professionals at the clinic I attended. That was up until June 2012, when I had all my benefits revoked. I lost my mobility vehicle, and most of my benefits. I have early onset arthritis, I also suffer with Insomnia, and Hypo-somnia. I live in a village with one train station, and a bus stop, half a mile from my home. The clinic I used to attend is in Cardiff, and it is a walking distance of half a mile or more, from the train station, in Cardiff. Making it difficult for me to attend, also with my reduction in benefits, I am unable to afford a Taxi from home to station, station to clinic. I appealed to a benefits Tribunal, hoping to put my case across. I was told in no uncertain terms. If I continue with this action of appeal, I will lose everything. They wouldn't even listen, when I tried to tell them. The "Doctor" I saw at assessment, had no previous knowledge base of HIV/AIDS. She refers as having a CD4 count of 200 as good. The Tribunal, wanted the Social Worker attached to my clinic to advise me, on help with attending appointments. The only advice she gave me, was to give up on the Tribunal, as not to lose anymore of the reduced benefit I am on now. Since June 2012, I have not attended a clinic appointment, I've not taken in HIV medication. I have no Idea what my CD4 count is now, or what level my viral load is. My depression is at an all time low, everyday I'm contemplating taking my own life. I honestly don't see a future for myself. I'm already saving the NHS on my HIV medication, as I havent attended clinic, or taking any medication since June 2012. What am I supposed to do?
I'm hiv 25 years had plenty of ups and downs.I contracted it through drugs at the age of 17 years old i know nothing better than to live with hiv and the cash the goverment want me to probably lose and if so iv 2 options 1.Go out commit crime then they will have to look after me.2 sell my body SAFELY may i add.but the prison option is better get meals tailored for me.I know im not the only woman who thinks this way!
Thank you for your comments. If you are worried about how the changes to welfare benefits may affect you then please remember that THT Direct is here for you. You can call us on 0808 802 1221 between 10am and 8pm Monday to Friday. Our team provide emotional support if you have concerns about living with HIV and can refer you to generalist advisors who can advise further.
This article was last reviewed on 30/9/2012 by T. Kelaart
Date due for the next review: 31/12/2012
Content Author: J. Band & H. Goodall
Current Owner: Advice & Advocary
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