INFORMATION ON CLAIMING BENEFITS

Rules for claiming benefits, and the rates at which benefits are paid, are always subject to change. Check with the Benefits Agency or the Citizens Advice Bureau for the latest information.

DISABILITY LIVING ALLOWANCE (DLA)

To claim, you need to get hold of a claim form. Main Post Offices and DSS Offices have a leaflet with a pre-paid tear off slip, so you can request a form, which is sent to you in the post from a centralised unit that handles all claims. Your local DSS office does not handle or decide your claim.

The Claim Form Pack

When answering the questions, answer them carefully and give as much detail as possible about how RSI affects you, and don't be shy or embarrassed about telling them very personal things. It could make the difference between getting middle rate DLA and not!

• Section 1

  The first section requires name and address details, National Insurance Number, account or post office details so they can pay you any money you are awarded. You are also asked what other benefits you get. This is because if you get DLA you may qualify for additional payments from other benefits and they make sure you get these automatically if you give them the information.

  'About your illnesses or disabilities'

  This asks you to explain what is wrong with you. If you use the term 'RSI' don't leave it just at that. You need to explain everything in more detail. For example, the following statements might be relevant, but don't use anything here that does not apply to you. You must be truthful as they can check it out with your doctors:

  • RSI affecting wrists, forearms, elbows and shoulders. Inflammation of the tendons in all these areas (tenosynovitis and tendinitis), causing severe pain.

  • Depression caused by chronic pain

  • Musculo-skeletal regional pain disorder affecting wrists, arms, elbows, shoulders, neck and back

  • Trapped nerves causing severe pain when moving neck, arms, left leg, right leg

  You are then asked what medication you take or other treatments. Remember to list all the drugs you take, even if you only take them when you really need them, including the strength and frequency of the dose. They do not have to be the drugs your Doctor prescribes. If you use or take other things as well, say so here. Also any other treatment, like use of a TENS pain relief machine, hot baths, spa baths, massage, acupuncture, physiotherapy, daily stretching exercises and so on.

  The form then asks for details of someone who can tell them about your illness or disability, then it asks for details of your GP, then your hospital doctor or specialist. If you've seen lots of hospital doctors or specialists, list them all on a separate piece of paper and attach it to the form. If possible include their names, specialism, address, and telephone number, plus the dates you saw them. It all helps! If you have any letters from them giving a diagnosis for your condition, send a copy off with your DLA forms. The DSS will not then need to check the information is true. Then the form asks for a Statement from someone who knows you well, who is asked to sign the form. In another section of the claim form, the person who knows you best is asked to write a paragraph about your condition.

  So, as well as the GP and hospital doctors' details, you need:

  • Someone who can tell them about your disability (a social worker, a nurse, vicar, colleague at work, or a good friend)

  • Someone who knows you well (can be anyone)

  • Someone who knows you best (a family member, partner or good friend is best)

  Ideally these should all be different people but if you don't have three, try to find at least two. Your doctor also has to complete a part of the form. They are not allowed to charge you for this.

• Section 2

  'About You'

  This asks you to tick boxes. RSI sufferers tend to tick the last box 'You have some other problem not on this list'; if you suffer from depression you can tick the mental health problem box too.

  'Walking outdoors'

  Some RSI sufferers have problems walking and can claim DLA for help with mobility. If you fall into this category, seek advice on how to fill the form in. This advice only covers care needs.

  'Moving around indoors'

  If you need help carrying or moving things around your home, say so here.

  'Getting out of bed in the morning and into bed at night'

  If you have difficulty getting into or out of bed due to your RSI say so here. This could be just pulling the bedclothes back to get into bed. Explain how long it takes and how painful it is. Is it a burning pain or an aching pain - describe it. You are also asked to explain if you have problems when you are in bed. RSI sufferers sometimes have difficulty turning over or getting bedclothes back on to the bed if they fall off.

  'Helping with your toilet needs'

  Do not get embarrassed about completing this section of the form. Many RSI sufferers tell the DSS they have no problems when they do, just to avoid telling anyone and it could mean you lose at least £20 a week as a result. If because of your RSI you have difficulty, you need to say so.

  For example:

  • Pulling your underwear up or down

  • Undoing your zip and getting your penis out/holding it

  • Tearing sheets of toilet paper off the roll

  • Using the toilet paper to clean yourself

  • Flushing the toilet

  Even if you struggle with all of this on your own and do not actually get any help from another person, you might be assessed as needing help and that is what counts for DLA, not whether you actually get help.

  'Washing, bathing and looking after your appearance'

  Severe RSI can cause problems in these areas. Explain if you have difficulty washing, getting out of the bath, washing your hair, drying yourself (rubbing the body can be painful), getting a towel out, folding it up, cleaning your teeth, shaving, brushing your hair, coping with periods and so on. If you have difficulty using sanitary towels or tampons, tell them what you cannot do as some RSI sufferers have great difficulty using the applicators. Tell them about the pain and how long these things take you.

  'Dressing and undressing'

  Again, go into detail about how RSI affects you. How do you cope with tying shoe laces? Or doing up buttons? Pulling up zips? Pulling a jumper on over your head? Doing up a belt buckle? Putting earrings on? Doing up a watch strap? Cufflinks? Putting on a tie? Putting on a coat?

  The Cooking Page

  This is the most important page of all for RSI sufferers. You can qualify for DLA just on this.

  Describe what you find difficult and remember this is about cooking a meal from raw ingredients, not just heating up convenience foods!

  • Carrying food from the supermarket checkout to the car or bus. Lifting bags out of the trolley. Putting food away in the kitchen. Getting it out to cook a meal. Opening tins and packets or screw jars. Pulling ring pulls on cans. Opening a carton of milk or a packet of biscuits. Can you open shrink-wrapped items? Could you move a 5LB bag of potatoes across your kitchen? If you try, what does it do to you?

  • Peeling and chopping vegetables. Can you do it? If you try, describe the pain, discomfort and how long it takes, plus how long it takes to recover from the exertion.

  • Moving a full kettle of boiling water, pouring the kettle into a teapot, moving a pan full of cooked vegetables in boiling water from the cooker to the sink.

  • Carrying a tray from the kitchen to the dining room table to eat. Shaking salt and/or pepper on your meal.

  • Laying the table with cutlery and crockery, clearing away

  • Washing up, scouring oven dishes and saucepans

  • Turning on taps

  • Carrying waste items of packaging to the dustbin

  • Describe how poor grip affects you, dropping things, breaking crockery, cutting yourself on knives

  'Mealtimes'

  If you have problems using a knife and fork or holding a cup or glass, say so. If you drop food over yourself, say so.

  'Medical treatment'

  Most people have little to write here, but if you need creams rubbed into your back, neck or shoulders and need someone to help with this, say so here even if you struggle along doing it on your own. If your wrists are so bad you cannot/should not rub creams into your own arms, say so.

  'The way you feel because of your mental health'

  This is your chance to tell them how depression affects your life. If you break down into tears every now and then and feel desperate about your condition, say so here. If it makes you feel like hiding away and not going out, speaking to people or socialising, say so here.

  'Communicating with other people'

  If you have problems writing or using a keyboard, say so here. If you cannot hold a phone in your hand say so here.

  If pain affects your ability to concentrate and remember things, say so here.

  The last page

  Offers you the chance to add anything else you want to say.

• Section 3

  This is not normally relevant for RSI sufferers. Just fill it in without saying much.

• General Advice

  When answering the questions on the forms, always highlight what's painful' how long the pain lasts and the type of pain (burning, aching, tingling etc).

THE COUNCIL TAX DISABILITY REDUCTION SCHEME

What is It?

This scheme is not well known and many disabled people, including those with RSI, fail to take advantage of it. If you qualify, your home's council tax band is reduced by one. So if your home is assessed as a Band D dwelling, you pay council tax as if it was in Band C. This can be worth up to £300 depending on where you live in the country. If your home is already in Band A then you cannot get a reduction, as there are no bands below it.

The disability reduction scheme is not means-tested and if you receive the reduction there are no tax implications and any other benefits you receive are not reduced.

What are the Rules to Qualify?

To qualify for the disability reduction, both of these two rules must be met:

1. First, you or any other resident in your dwelling must be 'substantially and permanently disabled'. This can be an adult or child of any age and they do not have to be related to you, just resident in the dwelling.

   The definition of 'substantially and permanently disabled' is not as tough as it might look. RSI sufferers have been successful in claiming this. The Disability Discrimination Act (DDA) defines disability as 'a physical or mental impairment which has a substantial and long term effect on the ability to carry out normal day-to-day activities'. 'Long term' is defined as 'expected to last twelve months or more and 'day-to-day activities' includes manual dexterity and the ability to lift, carry or move ordinary objects. It is here RSI sufferers can qualify. Anyone who had a green card registering them as disabled under the old legislation and held the card on 2/11/96 is automatically covered by the DDA for 3 years until 2/11/99. After then, the DDA requirements have to be met.

2. Secondly, you also need to satisfy one of three conditions:
   • You have a second bathroom or kitchen needed by the disabled person

     or

   • You have a room (other than a bathroom, kitchen or toilet) needed by and predominantly used by the disabled person

     or

   • You have enough space for the disabled person to use a wheelchair indoors.

   You can be quite creative in considering how these rules fit your situation.

   Firstly you don't have to have had an extra room built - it can be an existing room in the house that's always been there. So if you have two bathrooms or one bathroom and one en-suite in the house, and one is used predominantly by the RSI sufferer you could qualify under the first condition.

   Successful claims include:

   • A spa bath in one of two bathrooms to relieve the pain of RSI

   • Adapted taps in one of 2 bathrooms for the RSI sufferer to use

   • Adapted toilet flush mechanism

   The second condition is easier to qualify for. Successful claims have included:
   • A separate bedroom for the RSI sufferer. (This involved a married couple who moved into separate bedrooms as the RSI sufferer kept on disturbing the other by waking up in the night because of the pain and having to get up and walk around)

   • A room used for exercises (stretching, lying down on the floor etc)

   • A room used for a PC and voice recognition software

   Some claims involve a room used for all these things, for the RSI sufferer.

   RSI sufferers generally cannot meet the third condition.

Write to your local council's council tax section. The person liable to pay the council tax has to claim (not the disabled person, if different). The council normally sends out a standard claim form.

If they send you Council Tax Benefit forms, they are the wrong forms and you'll need to contact them again. This often happens because the staff rarely receive claims for the Disability Reduction Scheme.

Can my claim be backdated?

Yes, there is no time limit on backdating. If you should have received the disability reduction in previous years, you can ask for your claim to be backdated.