Royal Borough of Windsor and Maidenhead. What are Carers Rights?

Transcription

1 Royal Borough of Windsor and Maidenhead What are Carers Rights? Reference: A&C/AS/c/25/042009

2 page 2 What are carers rights? Many people don t get the support they need because they don t recognise the caring role they have. If you regularly provide or intend to provide care, you need to find out about the help available. The benefits system is complicated and finding out what you are entitled to can be difficult. Claiming benefits usually involves filling out forms. Try not to let this put you off. A local Independent Advice Centre or Maidenhead & District Citizens Advice Bureau (Carers dedicated advice line Tel: ) should be able to help you with the forms. The Pension Service (Tel: and Benefit Enquiry Line (Freephone: ) should also be able to help you with more information about benefits and completing the claim forms. Even if you re not entitled to claim benefits there is a range of other ways in which you get help with being a carer, such as equipment, practical help and getting access to a break. Carer s Assessments All carers, whether they provide, or intend to provide, regular and/or substantial amounts of care, have the right to have their views and requirements taken into account by a social services department when considering how they should make provision to a service user. In addition to carers having their views taken into account by Social Services when the person for whom they care is being assessed, carers have the right to a carer s assessment. These are carers who provide or intend to provide a substantial amount of care on a regular basis.

3 Carers can decline an assessment but even if this is the case the law requires that your ability to manage the caring role must be taken into account. Three different statutes regulate the nature and outcome of a carer s assessment. These are: The Carers (Recognition & Services) Act 1995 The Carers and Disabled Children Act 2000 The Carers (Equal Opportunities) Act 2004 (The 1995 & 2000 Acts have been amended by the 2004 Act). Carers are entitled to: A carer s assessment (separate from the person they care for) taking into account the carers needs Support services to enable them to care and for these services to be made available by way of direct payments and vouchers The Council has a statutory obligation on social services to inform carers of their rights and requires carer s assessments to consider whether the carer works or wishes to work and / or is undertaking or wishes to undertake, education, training or any leisure activity. Financial Help Carers may be entitled to Carers Allowance and could also be entitled to other benefits from the government. The benefits system is complicated. Claiming can be difficult and time-consuming. If you are not sure whether you can claim, get advice from Maidenhead & District Citizens Advice Bureau, a disability organisation, a carers project or a benefits advice agency. Below are the main benefits for carers and the people they look after. page 3

4 Carer s Allowance Carer s Allowance is the main state benefit for carers so it s important to find out if you can receive it. To qualify you need to meet all the rules. Please check each of the rules carefully as they are quite complicated. You must be 16 years old or over You must look after someone for at least 35 hours a week The person you look after must receive a qualifying disability benefit If you work, there is a limit to the amount you can earn You must not get one of a list of other benefits You must be living in the UK when you claim Carer s Allowance You must not be a full-time student You may also be able to get the Carer Premium - an extra amount of money included in the calculation of Income Support, incomebased Job Seekers Allowance, Housing Benefit and Council Tax Benefit. An amount equivalent to the Carer Premium is used to calculate Pension Credit. How to claim If you meet the criteria, you can make a claim by filling in a claim pack DS700. You can get this from: Your local Jobcentre Plus office: - Maidenhead Tel: Windsor Tel: Ascot Tel: ; or The Benefit Enquiry Line on Tel: Carers in England, Scotland and Wales can claim online at It can take several weeks before you receive a decision in writing. page 4

5 If you are told that you don t qualify for Carer s Allowance, you have one month from the date on the letter in which to appeal. If you can t get Carer s Allowance because you already get another benefit, you could still get the Carer Premium.Income Support / Pension Credit Income Support is for people under 60 with no income or income below a minimum level, called the applicable amount. This is set by the government and the applicable amount varies with your circumstances. Premiums are added on the basis of your circumstances and the applicable amount can also include an amount to help with housing costs. If you pay rent and/or council tax, see below. If you are over 60, you may be able to get Pension Credit. This is comprised of a Guarantee Credit, calculated in a similar way to Income Support and it includes an extra element called the Savings Credit. It is applicable if you or your partner are over 65 and have qualifying income above your savings credit threshold. Who can claim Income Support? Those who are not in paid work or those working for less than 16 hours a week (if you have a partner, they must work less than 24 hours a week) Most people who do not work must look for work to get benefit and claim Jobseeker s Allowance. Some people are not expected to look for work and can claim Income Support instead Single parents, carers and people who are ill or have a disability benefit can claim Some carers can claim Income Support without limiting the number of hours that they work. Both your income and savings will be taken into account if you claim Income Support. People with limited savings may receive a reduced level of benefit. page 5

6 Home Responsibilities Protection If you cannot get a contribution credit, you may be able to get Home Responsibilities Protection. This helps you meet the contribution conditions for Retirement Pension and the State Second Pension. If you claim Income Support as a carer, you will receive the protection automatically. You also get automatic protection for Retirement Pension if you receive Child Benefit for a child under 16, and for State Second Pension if you receive Child Benefit for a child under 6. Otherwise, you can apply for the protection for each tax year when: You look after someone for at least 35 hours a week; and - the person you look after gets the care component of Disability Living Allowance at the middle or higher rate or Attendance Allowance; and - you looked after the person for at least 48 weeks of the tax year or You get income support and it has been decided that you are substantially engaged in looking after a sick or disables person or You are paid child benefit for a child under 16 or You are a registered foster parent (for tax years 2003/04 onwards) How to claim To claim the protection, contact your local Inland Revenue office or Jobcentre Plus office. page 6

7 Disability Living Allowance This is a benefit for disabled people who claim before their 65th birthday and find it difficult to care for themselves. This might be because they: Need help to cook, or find things like dressing or washing very difficult Need someone to keep an eye on them to make sure that they are safe Have a terminal illness Have problems walking when out of doors There are two parts to the benefit: A care component A mobility component Getting the middle or highest rate of the care component may mean that you qualify for Carer s Allowance. Getting the higher rate of the mobility component can mean that the person you look after can get a blue badge for their car from social services and exemption from road tax from the Disability Benefits Unit. Call them on Tel: The care component is paid at one of three rates. There is no lower age-limit, unless the benefit is paid because you re unable to cook (the age-limit for this is 16 years). The mobility component is for people who because of their illness or disability have difficulties walking. It is paid at one of two rates. The higher rate can be paid from the age of three; the lower rate from the age of five. page 7

8 Rules for application You must claim the benefit before your 65th birthday. If you are 65 or over, then you may be able to claim Attendance Allowance. You must have had the problems you describe for at least three months and be likely to have them for the next six months (unless you have a terminal illness, when benefit can be paid immediately) You must claim before your 65th birthday, but can continue to be paid after you reach 65 You can get the benefit regardless of other income, savings or benefits. If you get Disability Living Allowance, you may qualify for more Income Support, Pension Credit, Housing Benefit or Council Tax Benefit. How to claim Call the Department of Work and Pensions Benefit Enquiry Line for carers and disabled people on Tel: Attendance Allowance This is a benefit for disabled people aged 65 or over, who find it difficult to care for themselves. If you are under 65, you should claim Disability Living Allowance. You can get Attendance Allowance if you find things like dressing and washing very difficult, if you need someone to make sure that you are safe, or you have a terminal illness. The benefit is paid at one of two rates: The lower rate is for people who have difficulties either during the day or at night page 8

9 The higher rate is for people who have difficulties both during the day and at night To get the benefit, you must have had these difficulties for at least six months (unless you have a terminal illness, when the benefit is paid immediately). The benefit is paid whatever your income, savings or other benefits. Getting the benefit can also mean you receive extra Pension Credit, Housing Benefit, and Council Tax Benefit. Getting this benefit may mean that the carer can apply for Carer s Allowance. How to claim To apply for Attendance Allowance call the Benefit Enquiry Line on Tel: and ask for the form DS2. Employment & Support Allowance / Incapacity Benefit Employment & Support Allowance ( ESA ) replaced Incapacity Benefit in If you are currently receiving Incapacity Benefit you will continue to receive it so long as you are eligible. ESA is a new way of offering personalised support and financial help for people who have an illness or disability to move into work, if they are able. Central to ESA is a new medical assessment called the Work Capability Assessment which assesss what you can do rather than what you can t, and identifies the health related support that you might need. You may be able to get ESA if you have an illness or disability that affects your ability to work and you: are over 16 and under State Pension age are unemployed, or self employed, or work for an employer but you cannot get Statutory Sick Pay, or have been getting Statutory Sick Pay but it has now stopped page 9

10 ESA consists of two phases,: - The assessment phase rate is paid for the first 13 weeks of the claim while a decision is made on your capability for work through a Work Capability Assessment - The main phase starts from week 14 of the claim, if the Work Capability Assessment shows that your illness or disability does limit your ability to work You will then be placed into either: - Work Related Activity Group You will be expected to take part in work focussed interviews with your personal adviser. You will get support to help you prepare for suitable work. In return, you will receive a work related activity component in addition to your basic rate. - Support Group This means that you re your illness or disability has a severe affect on your ability to work and you will not be expected to take part in any work, unless you do want to do so, on a voluntary basis. You will receive a support component in addition to your basic rate. For more information or to claim ESA Tel: Working Tax Credit This is for people who are in work. Usually you must be over 25 and work for at least 30 hours a week. You can also get Working Tax Credit if you work 16 hours a week or more and are aged: 16 or over and responsible for a child 16 or over and disabled 50 or over and returning to work after receiving specified benefits The amount you get depends on your income and personal circumstances. page 10

11 How to claim To claim the tax credits and for more information, contact the Inland Revenue s helpline on Tel: Child Tax Credit This is for people looking after a child under 16 (or under 19 in education). The amount you get depends on your income and personal circumstances. You may get extra credit if you have a disabled child. Single people and couples who are responsible for a child are likely to qualify for the credit if they have an annual taxable income below a set level. This income limit may be higher if you have a child under 1 year. Child maintenance is not counted as part of your income. How to claim To claim the tax credits and for more information, contact the Inland Revenue s helpline on Tel: Health Benefits You may be able to get help with: Prescriptions charges Milk and vitamins for pregnant women and young children Dental charges Eye tests and the costs of glasses Help with fares to visit hospital Costs of NHS wigs and fabric supports Sometimes people can get help because of their age, or because they have a specific medical condition. Others will get help if their income and capital are low enough. How to claim To claim help if you have a low income, ask for form HCI from your local Job Centre office. page 11

12 Social Fund The Social Fund helps people to pay for one-off expenses. It includes: Funeral payments Winter fuel payments (to help people over 60 meet extra heating costs each winter) - see below for more information Cold weather payments (for people in receipt of specific benefits during cold weather spells) Sure Start Maternity Grant Grants for people getting Pension Credit, Income Support or income-based Jobseeker s Allowance - helping them stay in the community rather than residential care, to set up home after being homeless, to ease pressures on their family or to visit someone who is ill or in prison Loans for people getting Pension Credit, Income Support or income-based Jobseeker s Allowance - to help them buy things like furniture Loans if you need money urgently, e.g. if you lose your weekly benefit money How to claim Contact your local Jobcentre Plus office for more information about social fund payments: Maidenhead Tel: Windsor Tel: Ascot Tel: page 12

13 Council Tax Benefit There are two ways a carer might get a discount on their Council Tax. Council Tax Benefit This benefit helps people to pay their Council Tax. The amount you get depends upon who is in your family and the level of your Council Tax. Both your income and your savings are taken into account. You cannot claim if your savings are more than a set amount, unless you receive Pension Credit. If you receive Carer s Allowance, you may be able to get extra help paying your Council Tax through a Carer Premium. You may be able to get reductions to your Council Tax which don t depend on your income or savings. For instance, the tax may be reduced if your home is adapted for a disabled person, if the person you are caring for is severely mentally impaired (i.e. has Alzheimer s disease or dementia) or if a carer or paid care worker lives there. Council Tax discount for unpaid carers To qualify for this 25% discount you must provide care for at least 35 hours a week and: Live with the person you are caring for Not be the partner of the person you care for, or their parent if you care for a child under 18 Care for someone who receives either the highest rate of the care component of DLA (Disability Living Allowance) OR the higher rate of attendance allowance or constant attendance allowance Please note: You don t have to claim Carer s Allowance to qualify for this discount. If there is more than one carer in the property, each carer might qualify for a discount. The carer s council tax discount can be backdated, so long as you met the conditions above in previous years. To apply for this, contact the local council tax office on Tel: page 13

14 Housing Benefit This benefit helps people on a low income pay their rent. The amount you get will depend on who is in your family and the level of your rent. Your income and your savings are taken into account. You cannot claim if your savings are more than a set amount, unless you receive Pension Credit. If you receive Carer s Allowance, you may be able to get extra help paying your rent through the Carer Premium. How to claim You can get a claim form from the Housing Benefit department of the local council on Tel: Jobseeker s Allowance This is paid to people under state pension age (60 for women or 65 for men). They must be unemployed or work part-time and are expected to look for full-time work. Income-based Jobseeker s Allowance People claiming this benefit have to show what steps they are taking to find work. Both your income and savings will be taken into account if you claim this benefit. People 60 or over should claim Pension Credit instead. Contribution-based Jobseeker s Allowance Jobseeker s Allowance may contain an element based on previous National Insurance contributions. It is paid at a flat rate (depending on your age) for up to 28 weeks. It is not affected by your savings. It is reduced by earnings and private pensions, but unaffected by other income or savings. page 14

15 How to claim To apply for Jobseeker s Allowance contact your local Jobcentre Plus office. They can be contacted on: - Maidenhead Tel: Windsor Tel: Ascot Tel: ; or Freephone: Human Rights The Human Rights Act 1998 is legislation that enshrines fundamental civil and political rights. Under this Act all carers have a: Right to Life Right to be free from inhuman or degrading treatment Right to respect for private and family life Right to an education It offers a framework for ensuring that the rights of an older or disabled person can be balanced against the rights of the carer. The needs of everyone should be considered in deciding whether (and how) to provide a service and the individual should be placed at the heart of the process. See: Other leaflets supporting carers that you may find helpful include: Caring and Work Help With Caring Carers Young Carers & Parent Carers Carers Dealing with Personal Affairs Carers Travel & Transport page 15

16 Where to Get Help & Advice Princess Royal Trust Carers Service Highview, 6 North Road, Maidenhead SL6 1PL Tel: helpline@prtberks.plus.com Website: Royal Borough of Windsor & Maidenhead Adult Care Services York House, Sheet Street, Windsor SL4 1DD Adult Services Telephone: / Website: Royal Borough of Windsor & Maidenhead - Community Mental Health Reform Road, Maidenhead SL6 8BY Mental Health Services Telephone: Berkshire East Primary Care Trust Berkshire East Primary Care Trust, King Edward VII Hospital, St Leonard s Road, Windsor SL4 3DP Tel: Website: Patient Advice & Liaison Service Upton Hospital, Albert Street, Slough SL1 2BJ Tel: Maidenhead Citizens Advice Bureau pals.berkseast@berkshire.nhs.uk Carers Advice Line: For general advice: Translation If you would like this document in larger print, Braille or translated into your own language please write to us giving your full contact details. page 16