When you’re living with HIV it can be a little difficult to get your head around all the benefit rules as they can be quite complex and are subject to change.
It is advisable to discuss best option for you and crucially and to get a quick benefit check before you start working. You can do this by calling THT Direct.
Disability Living Allowance and Attendance Allowance are payable whether or not you are working. They are not means tested, so earnings/income is not taken into account.
These top up earrings if you are in low paid work, with extra allowances for people receiving DLA, those coming off long term sickness benefits and those over 50 years old.
If you are in low paid work you can claim housing benefit and council tax benefit to help with rent and council tax; these include are extra allowances for people receiving DLA.
Housing benefit and council tax benefit are extended for 4 weeks after you start work if you are coming off Income Based ESA, JSA or Income Support.
As part of the government 'Welfare to Work' strategy, there several new schemes available for disabled people that provide assistance in finding work and may pay allowances or other incentives. You can find more information on the direct gov website. The most relevant schemes for people with HIV are:
If you are no longer in receipt of a means tested benefit you will no longer be entitled to free prescriptions, however you may be entitled to reduced costs. For more information please contact the Health Cost advice line on 0845 850 1166.
There are some benefits you can keep if you are working less than 16 hours a week.
These benefits can be paid on top of permitted work earnings up to a maximum of £93 per week (for no more than 16 hrs a week). This must be pre-agreed with the Department of Work and Pensions.
Permitted work lower limit: you can earn no more than £20 per week with no restriction on hours and there is no limit on how long you do this.
Supported permitted work: you can earn up to £97.50 per week for up to 16 hours of work per week. There is no limit on how long you do this, although this work needs to be done through a pre-approved institution. Find out more.
Permitted work higher limit: you can earn up to £97.50 per week for up to 16 hours of work per week. Unlike supported permitted work there are restrictions on how long you can continue this arrangement. Find out more.
Please note: These earnings do not affect your benefit or associated housing benefit/council tax benefit. You do not need to obtain permission from the Job Centre however it is advisable to notify the Job Centre in any changes of circumstance.
You can receive Income Support/ Job Seekers Allowance if you work less than 16 hours and earnings count as income with disregard of £5, £10 or £20 depending on your personal circumstances. You do not need to obtain permission from the Job Centre however it is advisable to notify the Job Centre in any changes of circumstance.
You can work and claim careers allowance at the same time as working as long as your earnings are no more than £100 per week. There is no limit on the amount of hours you can work but you must continue to provide 35 hours per week of care.
It is likely that if you are working less than 16 hours your income will still be low, so it is possible that you can still claim some Housing Benefit and Council Benefit.
For further information please see our benefits pages.
There are ways you can protect your benefit when you start working.
Please be aware that new legislation changes mean that you can no longer protect and reclaim benefits such as incapacity benefit through linking rules. However you may be able to claim ESA again at the same rate within 104 weeks. For more information please contact THT Direct.
If you decide you do not want to continue with your work, you can request an automatic ‘rapid reclaim’ of the benefit that you were in getting, as long as this occurs within a 6 week period of your taking the work.
You can request a work trial through the DWP. This allows you to keep on receiving your benefit and received meal and travel allowances for up to 30 days while the employer decides whether you are suitable for the job.
Please note that taking work can trigger benefit reviews. When you take work and your benefits stop, reclaiming benefit can trigger a review of your eligibility for that benefit, such as a medical. This can also occur with DLA in the form of a review form.
Find out more about the DLA review.
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This article was last reviewed on 30/9/2012 by T. Kelaart
Date due for the next review: 31/12/2012
Content Author: E. Cotton
Current Owner: E. Cotton
More information:
Disability Rights Handbook 35th Edition April 2010-April 2011
Chapter16 Benefits and work page 88-95
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