Benefits for the Terminally Ill

What are Attendance Allowance and Disability Living Allowance?

• Attendance Allowance is a tax-free benefit if you are aged 65 or over and you need a lot of looking after.
• Disability Living Allowance is a tax-free benefit for people under 65, including children, who have care needs or problems with getting about.

There are separate leaflets which explain these benefits in more detail.

What is meant by terminally ill?

This means a person is suffering from a progressive disease, and where their death can be reasonably expected within six months.

What are the special rules?

Attendance Allowance and Disability Living Allowance are benefits paid to people who are in need of care. Under normal rules a person has to have needed care for a certain length of time before they can get these benefits. Under the special rules there is no such qualifying period.

Under the special rules the person does not have to prove how much care they need. This means there is much less information that the person has to enter on the claim form. Claims made under the special rules are given priority treatment.

The other rules for Attendance Allowance and Disability Living Allowance will still apply. For example, payments of these benefits are affected if you are in an NHS hospital for four weeks or more, or if you are looked after in a care home for four weeks or more which is paid for by the state. The leaflets on Attendance Allowance and Disability Living Allowance have more details of the rules.

Who can make the claim under the special rules?

The claim can be made if the claimant is terminally ill. The claim can be made either by the person who is ill or by someone acting on their behalf. If the claim is made on behalf of the ill person, it is not necessary for the ill person to sign the form. This may be appropriate where a person has not been told the full nature of their condition. However, even if the claim has been made by another person, the ill person will be notified that a claim has been made for Attendance Allowance or Disability Living Allowance. But, they will not be told that the claim has been made under the special rules.

How do you claim?

Claims for people under 65 should be made on the Disability Living Allowance claim form. Claims for people 65 and over should be made on the Attendance Allowance claim form.

To get a claim form you can:

• telephone the Benefit Enquiry Line (details below) to request a form, OR
• go to the website of DIrect.gov (details below), a government site where you can download a claim form.
• If you live in Northern Ireland, you can go to the website of the Department for Social Development in Northern Ireland (details below) which has a claim form online.

What medical evidence is needed?

A short medical report about the ill person's condition must be sent in with the claim form. This report is called DS1500. The ill person or their representative should ask their doctor or specialist for a DS1500 report. The DS1500 report will be based upon what is currently known about the ill person's condition.

It is not necessary to see the doctor to obtain the report. A nurse or doctor's receptionist can be asked to arrange for the report to be issued.

How much is the benefit?

See the leaflets on Attendance Allowance and Disability Living Allowance for details.

How is the benefit paid?

Payment is usually made directly to the ill person. However, if the person is unable to act for themselves another person can be appointed to act for them and receive payment. Payment is usually made directly into a bank account, building society account, post office account, or national savings account.

A note for carers

If you care for someone who is claiming, or is intending to claim for Attendance Allowance or Disability Living Allowance because of terminal illness, you are likely to be entitled to Carer's Allowance. You may wish to consider claiming for this at the same time. There is a separate leaflet about Carer's Allowance.

Also, consider asking advice from one of the sources listed below about all your benefit entitlements.

Further information, help and advice

Benefit Enquiry Line - BEL

England, Wales and Scotland - Tel: 0800 88 22 00 Textphone: 0800 24 33 55
Northern Ireland - Tel: 0800 220 674 Textphone: 0800 243 787
For people with disabilities, their carers and representatives. It is part of the Department for Work and Pensions. BEL offers confidential advice and information on benefits and how to claim them. In addition they can also send out an extensive range of leaflets and claim packs, and help you to complete a claim form over the phone.

Directgov

Web: www.direct.gov.uk
Directgov brings together the widest range of public service information and services online.
Produced by the Central Office of Information, Directgov provides information from across UK government departments on topics ranging from travel safety and parental leave, to special educational needs, local NHS services, and benefits. The site also brings together an increasing number of online government services - including being able to download and/or complete certain benefit claim forms online.

Disability and Carers Service

Part of the Department for Social Development in Northern Ireland
For people living in Northern Ireland
Telephone:

• Disability Living Allowance: 028 9090 6182
• Attendance Allowance: 028 9090 6178
• Carers Allowance: 028 9090 6186

Textphone: 0800 243 787
Web: www.dsdni.gov.uk

Citizens Advice Bureau

Provides independent advice on many issues including benefits. Listed in the phone book under 'Citizens Advice Bureaux'. Also, see their excellent website: www.citizensadvice.org.uk

Department for Work and Pensions

Their website provides a list of claim forms that you can download or fill in online for benefits, allowances, pensions and other payments - www.dwp.gov.uk/resourcecentre/claim_forms.asp