Benefits for the person you care for

You can only make a new claim for Disability Living Allowance (DLA) if you’re under the age of 65. There’s no lower age limit for claiming DLA. However, there are additional rules for those under 16. See DLA and children, below, for more details.

If you're 65 or over

If you’re 65 or over and haven’t claimed DLA before, you should claim Attendance Allowance (AA) instead.

If you’re 65 or over, and you had a claim for DLA that ended within the last year, you can make a renewal claim for DLA. If it’s more than a year since your DLA award ended, you must claim AA instead.

If you're 65 or over and already getting DLA

Once you have qualified for DLA, it’s possible to continue getting it after you reach 65. However, there are some differences that can affect changes to a DLA claim if you’re 65 or over.

If you’re 65 or over, you’re only getting the care component of DLA and you start to have mobility problems, you’ll only be able to start getting the DLA mobility component if you can show that you qualified for it before your 65th birthday.

If you already get the mobility component and your mobility problems get worse, you can’t move to a higher rate of mobility component after you’ve reached 65.

If you’re 65 or over, you’re only getting the mobility component of DLA and you start to have care needs, you’ll normally only be able to start getting the DLA care component if you qualify for it at the middle or highest rate. If you would only qualify for the lowest rate care component, you won’t get this unless you can show that you qualified for it before your 65th birthday.

DLA care component has a six-month qualifying period for people who are 65 or over, instead of the usual three months. The qualifying period is the length of time that you need to show that you’ve met the disability rules before you can be paid. For more details, see Qualifying periods, below.

For the person you care for to qualify for Disability Living Allowance (DLA) they have to show that they have met one of the disability rules throughout the three months before the date the award is due to start. They must also show that they are likely to satisfy the disability rule for at least six months after the award starts.

Example

Rose is 28 and has had painful and debilitating (cannot function normally) back problems for the last two months. She needs considerable help with personal care at the moment but is not sure how long this will continue. In Rose’s case, DLA cannot be awarded for another month. Medical evidence may be required to show that she is likely to satisfy the disability rule for six months after the award starts.

Common questions

Do qualifying periods apply in the case of terminal illness?

No. If someone has a life expectancy of six months or less, they are automatically treated as satisfying the conditions for the highest rate care component of DLA. The mobility component of DLA would not be paid automatically, but if someone applies for it and they meet the disability rules for the mobility component, they do not need to satisfy the three-month qualifying period. For more information, see DLA special rules in the section below.

Do I have to wait until after the qualifying period to apply?

No. Do not delay your application until the end of the three or six-month period. However, if DLA is awarded, it cannot be paid before the qualifying period has finished.

Does the qualifying period still apply for my baby?

Yes, the baby will not qualify until he or she is three months old.

The person I care for is nearly 65 and wants to claim the mobility component of DLA. What about the qualifying period?

As long as they make their claim before they turn 65 it doesn't matter if they have not completed the qualifying period by then. Their mobility difficulties must be such that they satisfy the disability rule on the day before their 65th birthday.

The person I care for is over 65 and there’s been a change. What should I do?

If they already have one component of DLA and ask the Department for Work and Pensions (DWP) to look at the decision again after they have turned 65 to add another component, they have to show that they have satisfied the qualifying conditions for that component on the day before their 65th birthday. The qualifying period for a higher rate of care component would be six months (rather than three months).

To claim DLA, someone must have a mental or physical disability that is severe enough to mean that they qualify for the care component of DLA, or the mobility component of DLA or both components.

Care component rules

To receive the care component of DLA, a person's disability must be severe enough for them to:

• need attention, which includes help with tasks such as washing, dressing or eating; help with communication; encouragement to look after themself or prompting to do something; or help with reading if the person has a visual impairment
• need supervision to avoid them putting themself or others in substantial danger
• need someone with them when they are on regular dialysis
• if they are aged 16 or over, need help to prepare a cooked main meal for themself, if they have the ingredients they need

The attention that is needed has to be in connection with a bodily function, such as breathing, eating, walking, sitting, hearing, seeing, communicating, sleeping, getting in and out of bed, going to the toilet, washing or help with medication or treatment. See Care component definitions, below, for more information about what counts as attention, supervision and care for DLA care component.

If someone qualifies for DLA care component, the rate they get will depend on the amount of help they need. See below for the rules about the three different rates of DLA care component.

A person can get DLA for their care needs even if they live alone or no one is actually giving them the care they need.

Mobility component rules

To get the mobility component of DLA, a person's disability must be severe enough for them to have any of the following difficulties:

• they are unable or virtually unable to walk, or have no feet or legs
• they are assessed as being both 100% disabled because of loss of eyesight and not less than 80% disabled because of deafness and need someone with them when they are outdoors
• they are severely mentally impaired with severe behavioural problems and qualify for the highest rate of the care component
• the effort of walking could threaten their life or seriously affect their health
• they need guidance or supervision from another person when walking outdoors in unfamiliar places
• they have been certified as severely sight impaired and have visual acuity below a certain level

There are two different rates of the DLA mobility component. See below for the rules about these. There are extra disability tests for children under 16.

When applying for Disability Living Allowance (DLA) you have to describe the care you need. To do this you need to know what the word 'care' officially describes.

The care component of DLA is paid to people who need attention or supervision from another person.

What is attention?

Attention means active help from another person. The help must need to take place in the physical presence of the disabled person, for example, help given by telephone wouldn't count as attention.

Attention can include hands-on care, such as help getting in and out of the bath, but it doesn't necessarily have to involve physical contact, as long as there is some form of personal contact. This means that the following can be called attention:

• help with communication, such as interpreting spoken or written English to British Sign Language (BSL) for a deaf person
• help with reading for people who have a visual impairment
• encouraging someone to look after themself, such as making sure that someone with a mental health disability takes their medication
• prompting someone to carry out activities, such as prompting someone who has a learning disability to eat regularly

The attention that the person claiming DLA needs has to be in connection with bodily functions.

What is supervision?

Supervision means keeping an eye on somebody to ensure that they do not put themself or others in substantial danger. For example, someone with a severe learning disability who may not recognise danger will need supervision. It includes being ready to intervene if something goes wrong, for example, if someone with dementia is prone to wandering off.

It’s not always easy to make a clear separation between attention and supervision, but it is important to try to describe both in detail when making an application for DLA, even if you are not sure which is which.

Example

Sam watches over his wife Liz as she walks downstairs and is prepared to intervene if she is dizzy or stumbles on a step. He warns her that the last step is coming up and when she gets to the bottom of the stairs he reaches out his arm to her to steady her. Both supervision and attention are involved here.

Housework, cooking and cleaning

Domestic tasks such as housework, cooking and cleaning do not normally count as personal care, but there are exceptions to this general rule. Here are some examples of when help with domestic tasks can count:

• Tony looks after his father Dave who is sometimes incontinent during the night. When Tony changes the bed and rinses out the soiled bed sheets that counts as attention in connection with his incontinence.
• Michael can feed himself but he tends to spill food and needs help cleaning up afterwards. That counts as attention in connection with eating.
• Jennifer is blind and likes to clean her own house. She needs someone to tell her where to clean. That counts as attention in connection with seeing.
• Denise is a profoundly deaf British Sign Language user. She needs her friend to come to the shops with her sometimes to interpret for her in conversations with shop assistants. That counts as attention in connection with hearing.

The key thing is that the help is provided immediately and that it is provided in close connection with bodily functions.

Needing attention or supervision

The law says that for attention or supervision to count it must be reasonably required. This means that attention or supervision would enable a disabled person to live as normal a life as possible. For example, you could argue that it is reasonable for someone with learning difficulties to have assistance to take part in social and leisure activities. What is reasonable will depend on an individual’s circumstances.

Remember, this is about whether the person claiming DLA needs the help, not whether they are already getting it.

To get the lowest rate care component of Disability Living Allowance (DLA) a person's disability must be severe enough for them to:

• need attention, which includes help with things such as washing, dressing or eating; help with communication; encouragement to look after themself or prompting to do something; or help with reading if the person has a visual impairment
• be unable to prepare a cooked main meal for themself, if they have the ingredients they need and they are aged 16 or over

The lowest rate of DLA is paid if:

• help is needed for a significant portion of the day
• the person is unable to prepare a cooked main meal

A 'significant portion of the day' is often taken to mean at least an hour in total. It does not have to be an hour all at once. The significant portion could be either a single period of time or a number of periods of time during the day. If the person you are looking after needs 20 minutes of help at the beginning of the day and 40 minutes of help at the end of the day, they might satisfy the test.

If the person you are looking after needs help frequently throughout the day then they may be able to claim the middle rate care component.

If the care you provide is for less than an hour but vital to the wellbeing of the person you are looking after it may still satisfy the test of being significant. The importance or effect of the attention could be what makes it significant.

If you, or the person you are looking after, are not sure about the amount of help needed or the pattern of care, it may be worth keeping a diary for a while.

The cooking test

The cooking test is used to determine how disabled someone is. The test is whether a person is so severely disabled, physically or mentally, that they cannot prepare a cooked main meal for themself if they have the ingredients they need.

The test looks at whether they would be able to cook a traditional hot meal using a cooker, even if in reality they live on takeaways or do not know how to cook a meal.

If the person you are looking after would have difficulties with one or more of the following tasks involved in cooking a meal then they may satisfy the test:

• peeling and chopping vegetables
• using taps
• using the cooker, including opening and closing the door and adjusting the heat
• lifting saucepans or stirring the food in the pans
• bending to put pans or dishes in the oven
• pouring hot water
• standing for long periods
• being sure that food is cooked properly
• the concentration and motivation needed to get the meal prepared
• sufficient stamina to carry out all these tasks

To get the middle rate care component of Disability Living Allowance (DLA) a person's disability must be severe enough for them to:

• need attention, which includes help with things such as washing, dressing or eating; help with communication; encouraging to look after themself or prompting to do something; or help with reading if they have a visual impairment
• need supervision to avoid them putting themself or others in substantial danger
• need someone with them when they are on dialysis

The middle rate of DLA is paid if:

• attention is needed frequently throughout the day
• supervision is needed continually (for most of the day)
• prolonged or repeated attention is needed during the night or someone needs to watch over the person at night
• someone needs to be with the person while they are on dialysis two or more times a week

Common questions

What does 'frequently throughout the day' mean?

This means that the attention required is spread throughout the day, rather than being needed only in the morning or evening. It is required frequently if it is needed several times, not just once or twice. Different types of attention can count and together they can form a pattern of help needed throughout the day and at different times in the day.

What does 'continual' supervision mean?

'Continual' supervision does not have to be completely non-stop, but it should be more than just occasional supervision. It can include being on standby, ready to intervene if necessary.

What does to avoid 'substantial danger' mean?

It means that the supervision needed would lessen the risk of substantial danger to the person with the disability or to others. The danger must be something that might happen, but it does not have to be something that is likely to happen.

What does 'prolonged' or 'repeated' attention during the night mean?

Prolonged usually means at least 20 minutes and repeated means at least twice. Attention does not have to be required every single night as long as it is regular.

What does 'watch over at night' mean?

Watching over someone at night means being awake and able to keep an eye on the person claiming DLA. Watching over must be needed for at least 20 minutes or more than twice for it to count, and it must be necessary in order to avoid harm to the person or others.

Here are some examples of the kinds of difficulties that may allow someone to qualify for DLA (this is not an exhaustive list):

• problems getting in or out of bed without help
• getting dressed or undressed presents problems or takes a long time
• needing physical help or supervision with activities such as having a bath, showering, brushing teeth or shaving
• difficulty moving around indoors, getting in and out of chairs or getting to and from the toilet
• being forgetful and needing reminding of activities such as taking medication or turning the gas off
• not realising when a condition is getting worse
• getting dizzy, stumbling or falling
• needing encouragement to eat, wash or sleep properly
• needing help at night to take medication, go to the toilet or needing to be soothed back to sleep

Many people will have difficulties other than those listed above. Keeping a diary for a week can help identify what difficulties there are, how often these difficulties arise, what help is needed and for how long.

To receive the highest rate care component of DLA the disability of the person claiming must be severe enough for them to:

• need attention, which includes help with things such as washing, dressing or eating; help with communication; encouragement to look after themself or prompting to do something; help with reading if the person has a visual impairment
• need supervision to avoid them putting themself or others in substantial danger

The highest rate of DLA is paid if:

• attention is needed frequently throughout the day or supervision is needed continually, which means for most of the day, and
• prolonged or repeated attention is needed during the night or someone needs to watch over the person at night, or
• the person claiming DLA is terminally ill and they claim under the special rules.

In other words, to qualify, a person claiming DLA will need to show that they have a pattern of care needs both during the day and during the night. If the help they need is only during the daytime or only during the night, they may be eligible for the middle rate care component instead.

Common questions

What does 'frequently throughout the day' mean?

Frequently throughout the day means the attention required is spread throughout the day, rather than being needed only in the morning or evening. It is required frequently if it is needed several times, not just once or twice. Different types of attention can count and together establish a pattern of help needed throughout the day and at different times in the day.

What does 'continual' supervision mean?

The supervision does not have to be completely non-stop, but it should be more than occasional. It can include being on standby, ready to intervene if necessary.

What does to avoid 'substantial danger' mean?

This means that the supervision needed would lessen the risk of substantial danger to the person with the disability or to others. The danger must be something that might happen although it does not have to be something that is likely to happen.

What does 'prolonged' or 'repeated' attention during the night mean?

Prolonged usually means at least 20 minutes and repeated means at least twice. Attention does not have to be required every single night as long as it is regular.

What does 'watch over at night' mean?

Watching over someone at night means being awake and able to keep an eye on the person claiming DLA. Watching over must be needed for at least 20 minutes during the night or for more than two periods for it to count, and it must be necessary in order to avoid harm to the person or others.

Example

Hardeep is 19 with very severe learning disabilities. She doesn't have much sense of danger. She needs frequent attention throughout the day to make sure that she dresses, eats and washes herself. She also needs continual supervision to ensure that she does not wander out of the house or have accidents at home.

The lower rate of the mobility component of Disability Living Allowance (DLA) is paid to people who need guidance or supervision from another person when walking outdoors in unfamiliar places.

The mobility component takes into account a person's ability to walk outdoors. If they have problems walking indoors that may count towards the care component of DLA.

They have to show that the guidance or supervision they need will in fact help them walk outdoors. For instance, if they are agoraphobic (a fear of public places with no obvious escape) but can be persuaded to go outdoors if someone is with them, then they may qualify. On the other hand, if there is nothing that could persuade them to go outdoors then the supervision they receive does not in fact help them to walk. Someone who cannot go outdoors for medical reasons will probably not qualify.

Unfamiliar places

A disabled person will not fail the test if they can walk along familiar routes, such as going to the corner shop and back. What matters is their need for guidance or supervision when going somewhere they do not know.

Guidance and supervision

Guidance includes having someone leading the person claiming DLA or giving them directions or helping them avoid obstacles. Supervision includes being accompanied and watched over in case there is a need to act.

Who might qualify for the lower rate mobility component?

The following people might qualify for the lower rate mobility component:

• someone who is anxious about going out alone and needs another person with them to encourage them and help them feel calmer
• someone who finds it difficult to spot dangers outdoors, for example because of learning disabilities, and needs another person to make sure they are safe
• someone who is profoundly deaf and needs guidance when in unfamiliar places
• someone who is visually impaired and needs guidance to avoid obstacles or to cross roads
• someone who has fits, seizures or severe asthma attacks and needs another person to assist them if they are unwell when outdoors

The higher rate of the mobility component of Disability Living Allowance (DLA) is paid to people with a physical disability that affects their ability to walk outdoors.

People with severe learning disabilities that have a physical basis may qualify for the higher rate of the mobility component.

The higher rate mobility component of DLA is paid if a person's disability is severe enough for them to have any of the following walking difficulties:

• they are unable or virtually unable to walk
• they have no feet or legs
• they are assessed to be both 100% disabled because of loss of eyesight, and not less than 80% disabled because of deafness, and they need someone with them when they are out of doors
• they have a severe mental impairment with severe behavioural problems and qualify for the highest rate of care component
• the effort of walking could threaten their life or be likely to lead to a serious deterioration in their health
• they have been certified as severely sight impaired and have a visual acuity of less than 3/60 (meaning they can only read the top line of an eye test chart from three metres away)
• they have been certified as severely sight impaired and have a visual acuity of between 3/60 and 6/60 (meaning they can only read the top line of an eye test chart from six metres away), a complete loss of peripheral vision, and severely restricted central vision (sometimes called tunnel vision).

Virtually unable to walk

If a disabled person finds that their walking is very limited then they may be virtually unable to walk. They need to try to identify:

• how far they can walk
• the speed they walk at
• how long they can walk for
• the way that they walk
• whether they can walk without feeling severe discomfort
• at what distance the discomfort becomes severe

The law does not give a specific distance that will be used when deciding whether someone is virtually unable to walk. In practice they may be refused the higher rate of the mobility component if they can walk more than 50 metres.

Severe discomfort

The test is how far a person can walk before they start to experience severe discomfort because of, for instance, pain, dizziness or breathlessness. They may be able to walk to the supermarket, which is 500 metres away, but if they have to stop every 10 metres because they are very breathless, then 10 metres is the furthest they can walk before they experience severe discomfort.

Example

Sally travels to her office half a mile away each working day. She has a deformed foot and can only walk very slowly and with some pain. The bus stop is 100 metres away. On most days she has to stop every 15 metres or so to ease the pain in her foot by sitting on a bench or wall to rest.

Sally is virtually unable to walk because she has to stop and rest after 15 metres, which is a short distance, because of the pain she feels in her foot.

Intermittent walking ability

Someone's walking ability may vary from day to day. It can be useful to keep a diary so that they can describe both good and bad days. A decision should be made on the basis of their ability to walk overall, even if they have some good days.

Aids and prostheses

If the person you are looking after normally uses an aid, prosthesis or medication then what will be taken into account will be their ability to walk using such aids, prostheses or medications.

Severe mental impairment

To qualify on the grounds of severe mental impairment, the disability must be due to 'arrested development or incomplete physical development of the brain'. This includes those affected before their brain is fully developed (about the age of 30) but would not include those who are affected in later life because of head injuries or dementia. The person claiming DLA needs to show that they exhibit extreme disruptive behaviour and regularly require someone else to restrain them to prevent them from hurting themself or someone else or damaging property.

Someone who is terminally ill can make a claim for Disability Living Allowance (DLA) under special rules. Claiming under these special rules ensures that the claim is dealt with quickly, normally within eight working days.

The meaning of terminally ill

The law on DLA says that someone is regarded as terminally ill if they have a progressive disease and their death from that disease can reasonably be expected within six months.

Although there must be a reasonable expectation that death will occur within six months, naturally there is no certainty about this. DLA will normally continue to be paid under the special rules for three years. At the end of this time the person claiming DLA may be asked for further information about their health and how it affects them so that their entitlement can be reassessed.

The rate of DLA paid

If someone's claim is accepted under the special rules they will automatically qualify for the highest rate care component of DLA.

They will not automatically qualify for the mobility component of DLA. However, if they satisfy the disability rules for either the lower or higher rate of the mobility component, they will not have to satisfy the usual qualifying period.

Making a claim under the special rules

If someone is claiming under the special rules it is a good idea to discuss the claim with their GP or consultant. The GP or consultant will need to complete a form (called DS1500), which asks for information about the claimant's diagnosis and treatment. The DS1500 form should be sent to the Department for Work and Pensions (DWP) with a DLA claim form (PDF, 541Kb).

You can get a claim form:

• at any Jobcentre Plus office
• by ringing the Benefit Enquiry Line on 0800 882200
• online

When claiming under the special rules, the questions about help with care do not have to be completed. However, if a claim is being made for the mobility component of DLA then the questions about mobility need to be completed.

If the person claiming is already receiving the lowest or middle rate care components of DLA or any mobility component of DLA then they do not need to make a separate claim under the special rules. They or you should ask for the existing award to be looked at again by the DWP under the special rules and enclose a DS1500 form.

A decision maker will decide if the claim qualifies for entitlement under special rules. If the claim is refused under the special rules, you or the person you are looking after may want to consider asking the DWP to look at the decision again. Even if the claim is refused under the special rules they may qualify anyway under the normal disability rules.

Making a claim on behalf of someone else

A claim can also be made on someone else’s behalf by a carer, family member, friend or professional person. The person who is terminally ill does not have to sign the claim form. They will simply be notified that they have been awarded the benefit, and payment will be made to them.

The claim can be made without their permission or knowledge. A decision not to award DLA under the special rules can also be challenged without their permission or knowledge.

If the claim is for a child under the age of 16 there are some extra points about Disability Living Allowance (DLA) you need to know. Because of these extra rules, there is a separate DLA claim form for children (PDF, 328Kb).

Extra rules for children

To receive DLA, a child under the age of 16 must satisfy all of the rules that someone over the age of 16 would have to satisfy. But they also need to demonstrate that they need a lot more attention and supervision than other children of the same age. However, if they have a terminal illness, these rules do not have to be satisfied.

Example

Kathy is eight years old and has a rare skin condition. Each morning she needs to be bathed very carefully and lotions applied to her skin before she goes to school. During the lunch break at school more lotions need to be applied. Kathy needs to be bathed again when she gets home from school and lotions applied, and again before bed.

Kathy’s dad knows that his oldest daughter was able to bath herself by the age of six. Kathy’s dad should apply for the DLA care component for Kathy because she needs a lot more attention than other children of her age.

DLA care component

One of the ways that someone over the age of 16 can qualify for the DLA lowest rate care component is the cooking test (explained under Lowest rate care component, above). However, this does not apply for those aged under 16.

The only way someone under 16 can qualify for the lowest rate care component is if they need attention for a significant portion of the day.

There is no minimum age for the care component but because of the three-month qualifying period the component cannot be paid until your baby is three months old (unless they are terminally ill).

DLA mobility component

The higher rate of the mobility component can only be paid from the age of three. The lower rate of the mobility component can only be paid from the age of five.

The three months before a child’s third or fifth birthday can count as the qualifying period, so that DLA can be paid from the third or fifth birthday onwards.

There is also an extra test for children claiming the lower rate of the mobility component. All young children need some guidance and supervision when out of doors. Therefore, to get the lower rate of the mobility component for a child you have to show that they need a lot more guidance or supervision than other children of the same age.

Example

Mark is seven and has autism. When he goes outdoors his mother cannot rely on him to do what she says. Often he does not wait on the pavement until it is safe to cross the road. She has to be ready to step in if Mark suddenly dashes across the road.

When she takes Mark to school his mother can see that other children of about the same age normally respond to instructions about road safety and are beginning to develop their own sense of safety. Mark’s mum should apply for the DLA mobility component for Mark because he needs a lot more supervision than other children of his age.