Transcript What is ESA? - Irwin Mitchell

Changes to benefits:
what do they really mean for
people with a learning disability
and their families?
April 2013
What I am going to talk about
• New things to know about the Employment and
Support Allowance (ESA)
• The new Personal Independence Payment
(PIP), which is slowly replacing DLA
• Housing changes (including the ‘bedroom tax’)
• Universal Credit and the replacement of
means-tested benefits
What is ESA?
• ESA is gradually replacing Incapacity Benefit, Income
Support (because of a disability), and Severe
Disability Allowance.
• 1.5 million people on these benefits are being reassessed to see if they can get ESA. This finishes in
March 2014.
• New assessment for ESA – the Work Capability
Assessment (WCA).
• Most people expected to have a face to face
assessment with a healthcare professional.
• Some people getting ESA will have to do things to
prepare for work. Their benefits can be affected if they
don’t.
What do ESA claimants have to do?
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There are two parts to ESA – the work-related activity
group and the support group.
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People in the support group don’t have to do things to prepare
for work, as they have a severe disability or illness and it
would not be fair to expect them to do this.
Those in the work-related activity group will have to:
– Sign up to a claimant commitment (this is new!)
– Have some work-focused interviews
– Prepare for work – for example, by doing some work
experience.
The Government has said that people should only be asked to
do things that are “reasonable” and that take into account that
person’s situation.”
Failure to take part can result in benefit being cut- a ‘sanction’
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Other recent changes to ESA
• Time-limiting of contributory ESA to one
year – started in April 2012. This affects
700,000 people.
- Contributory ESA ‘youth entitlement’
stopped, where young disabled people
could access non-means tested benefits
• Income-related ESA stopped, with the
introduction of Universal Credit.
Top tips!
• When you complete the form to apply for ESA, provide as
much information as you can.
• Disabled people can take someone to the assessment to
support them.
• Get people who know you well – (like a support worker, care
manager, or your doctor) to provide information.
• If you don’t agree with the decision after the assessment you
can ask for it to be looked at again. You can ask for a copy of
the report from the assessment.
• ‘Conditions’ on people getting ESA must be reasonable and
include things like being avaialble for assessments, interviews
or activity.
• Tell Mencap’s campaigns team about your experiences – we
need these to help us campaign on this issue.
What is PIP?
• DLA is being replaced with the Personal Independence Payment
or PIP (ages 16-64) to help with “extra costs” people face
because of a disability.
• The Government has said that it spends too much money on
DLA and that DLA is over 20 years old so needs updating
• There will be some big differences between DLA and PIP. For
example:
• Some disabled people get DLA automatically. This won’t be the same for
PIP. Everyone will be assessed.
• Some disabled people get given DLA for life. This won’t be the same for
PIP. No one will get “life time” awards.
• Some things will be the same as DLA. For example:
• Like DLA, PIP will still be a non-means tested benefit. This means it
doesn’t matter how much money you have or if you have a job or not.
• There is a new assessment for PIP. Most people are expected to
have a face to face assessment with a healthcare professional.
• Government focusing on those with the “greatest need”.
Before and after… DLA to PIP
PIP
DLA
CARE
component
MOBILITY
component
DAILY LIVING
component
MOBILITY
component
Highest rate £79
Higher rate £55
Enhanced rate £79
Enhanced rate £55
Middle rate £53
Lower rate £21
Standard rate £53
Standard rate £21
Lowest rate £21
When will I get PIP?
• PIP started for new people making a claim
this April, but this was only in a a few areas.
• This week, new people will only be able to
make a claim for PIP across the rest of the
country.
• From October 2013, some DLA claimants will
be asked if they want to make a claim for PIP
instead. For example, those turning 16.
• From October 2015 – March 2018, remaining
DLA claimants will be reassessed for PIP.
The impact on people with a learning
disability and their families?
• The Government estimates 600,000 fewer people
will get PIP by 2018, compared to DLA.
• We are concerned that if people miss out on
support they will live less independent lives
• It is hard to know how the assessment will work for
people with a learning disability
• Disabled people with ‘lower level needs’ may be the
most likely to miss out on support
• When people lose DLA they may also lose
‘passported’ benefits and support– for example,
things like Blue Badge, Motability and Carer’s
Allowance
Top tips – what can you do?
• Remember!: unlike with ESA, claimants of DLA will not
automatically be put forward for PIP. They will instead be
invited to apply.
• When competing the main claim form, provide as much
information as you can.
• Take someone with you to the assessment to support you.
• Get people who know you well – (like a support worker, care
manager, or your doctor) to provide information about you.
• Fill in Mencap’s survey on the move from DLA to PIP. Tell us if
you think you’ll still get PIP.
• Tell Mencap’s campaigns team about your experiences – we
need these to help us campaign on this issue.
New under-occupancy rules in social
housing- the ‘bedroom tax’
• April 2013: People who claim Housing Benefit face
new rules about how many bedrooms they can have:
• One bedroom for each person or couple.
• Two children under 16 of same gender expected to share a
bedroom
• Two children under 10 regardless of their gender expected
to share
• Exemptions to those rules:
• Where are disabled person has a need for an overnight
carer and can prove this, and receives middle or higher rate
care DLA, AA or PIP, they will be entitled to an additional
bedroom
• Where a severely disabled child requires a separate
bedroom, new guidance is making an exemption for them
How will it affect people?
• Those with 1 or more ‘spare’ bedrooms will see
their Housing Benefit cut.
• They will have to pay more or move to a smaller
property.
• The Housing Benefit reductions are:
• 14% for under-occupancy by 1 bedroom
• 25% for under-occupancy by 2 bedrooms or
more
• An average of £14 a week
• Discretionary Housing Payment is meant to help,
but it is very limited- £30m for people in adapted
properties
The impact on people with a learning
disability and their families?
• Government equality impact assessment – 420,000
people with a disability to be affected.
• People living in ‘exempt accommodation’ will not be
affected.
• Mencap and other organisations working on this recently
won a concession from the Government – where a
severely disabled child needing a separate bedroom they
are now entitled to this under new guidance
• BUT still an issue for couples where one or both people
have a disability and some families who include a
household member with a disability
• Individuals and families may be forced to move house,
may lose their support networks and facilities they need.
Top tips – what can you do?
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If you have a disabled child who needs a separate bedroom, or you need a
room for an overnight carer, you have to tell your local authority so that they
can look into this
The Contact a Family website has a draft letter you can use.
Tell the local authority why your child cannot share a room or that you have
an overnight carer. Give them examples about why this is.
You can ask your child’s doctor or pediatrician, or your own doctor, to write a
letter explaining why an extra bedroom is needed.
You may be able to get a Discretionary Housing Payment to make up all or
some of the reduction – ask your local authority about this if you think you
should get this.
From October you can take in a lodger without benefits being affected.
Tell Mencap’s campaigns team about your experiences – we need these to
help us campaign on this issue.
Household benefit cap
• April 2013: Cap on the total amount of benefit that people of
working age can receive.
• Applies to combined income of a number of benefits including
Jobseeker’s Allowance, Income Support, Employment and
Support Allowance, Housing Benefit and Child benefit.
• The cap is:
- £500 for a lone parent or couple (with or without children)
- £350 a week for those who are single
• Households are exempt from the cap, if they:
- Include a person in the support group of ESA
- Include a partner or child (under 20) receiving DLA or PIP
- Claim Working Tax Credit
• BUT, the cap WILL still apply to parent carers who are
looking after a disabled adult child.
• Key dates:
- 15 April 2013 – started in the London boroughs of Bromley, Croydon,
Enfield and Haringey.
- The cap will be extended to the rest of the UK in stages starting on 15 July
2013, with the whole of the UK covered by the end of September 2013.
The impact on people with a learning
disability and their families?
• The household benefit cap is most likely to
impact on those living in high rent areas such as
London and the South East of England (49 per
cent of affected households are in Greater
London)
• Families caring for adult children with disabilities
might be affected by the cap, as they are seen as
a separate household.
• 5,000 people affected by this are Carers who get
Carers’ Allowance. They are facing losing £105
per week.
Top tips – what can you do?
• You may be able to get a Discretionary Housing
Payment to make up all or some of the
reduction – ask your local authority about this if
you think you should get this.
• Tell Mencap’s campaigns team about your
experiences – we need these to help us
campaign on this issue.
About the Universal Credit
It will replace most means-tested benefits, including:
– Income Support
– Income-based Jobseeker’s Allowance
– Income-related Employment and Support Allowance
– Housing Benefit
– Child Tax Credits
– Working Tax Credit
• How it’s put together: Standard allowance + additional
elements (includes an element for those who have ‘limited
capability for work’ e.g. for disabled people, the equivalent to
ESA).
• A single taper at 65% (the rate at which benefit is reduced as
you earn more in work). You keep 35p in each £1
Universal Credit time-line
2015-2017
• April 2013 – pilots started in a number of
areas.
• Between October 2013 and March 2014
local pilots across the country will deal with
new claims.
• From April 2014 there will be a gradual
introduction of Universal Credit for all new
claims.
• From 2015, people on existing benefits will
begin to be moved onto Universal Credit.
• This process will be complete by 2017.
The impact on people with a
learning disability and their
families?
• People will get to keep more of the money
they earn in work- end of the ‘benefits trap’?
BUT:
• Some people will lose out financially:
– Loss of Severe Disability Premium
– Support for disabled children being changed
• Issues like the Benefit Cap will apply to
Universal Credit.
• Important: transitional protections.
Any questions or
comments?
www.mencap.org.uk/welfarereform
Email: [email protected]
Tel: 020 7696 6952