Managing on benefits

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Glossary of terms

Introduction
Getting help, support and advice

Some of the benefits you may be able to claim
Making the most of your benefits
Accessing the Social Security Social Fund
How your savings may affect your benefits

Managing your benefits
Managing the claiming process
Challenging an unfavourable decision
Organising your finances
Getting help to organise
Changes in your circumstances

Your mental health and the benefits system
Mental health awareness
Your mental health and the claiming process

Benefits, work and the future
Employment Support Allowance
Considering returning to work
Service user involvement and the welfare benefits system

Useful organisations
Advice on welfare rights, employment and benefits
Legal advice
Equality issues
Managing money
Voluntary work
Other organisations

Further reading

The Royal Bank of Scotland Group has kindly supported the production of this booklet. For further information to help you understand and manage your money, visit the MoneySense website.

This introductory booklet offers practical advice for people experiencing mental distress or illness on how to access and maintain any welfare benefits they are entitled to.

Glossary of terms

Advocate – a person to help you get your voice heard or to speak on your behalf if you are unable to. They could be someone employed by an advice or welfare organisation that is independent and impartial and separate from any part of the care or support arrangements you may have. They could also be an informal carer; for example, a friend or family relative.

Community Mental Health Team – a combined group of professional care workers comprising staff such as Community Psychiatric Nurses (CPNs), Social Workers (SWs), Occupational Therapists (OTs), psychologists and psychiatrists.

Department for Work and Pensions (DWP) (also known as 'Social Security') – the Government body that is responsible for assessing entitlement to social security benefits and for administering them. It contains the main departments of Jobcentre Plus, the Child Support Agency, the Pension Service and the Disability and Carers Service.

Jobcentre Plus – part of the DWP, providing information and advice about benefits and employment support for people of a working age.

Local authorities – this is the term used to describe your local council whose responsibility it is to provide Social Services (see below), housing services and Housing and Council Tax Benefits. Depending upon where you live, these services may be provided under one single local authority; for example, your city council, or by a combination of two local authorities; for example, both your town and county councils.

Pathways to Work – a Social Security programme offering help to people on Incapacity Benefits to find employment.

Social Security – see 'Department for Work and Pensions'

Social Security benefits (also known as 'welfare benefits') – the term used to describe a range of financial support administered by the DWP; for example, Job Seekers Allowance, Income Support or a range of disability benefits such as Incapacity Benefit.

Social Services – services, generally provided by your local council, that help improve people's standard of living; examples are family support centres, welfare benefits advice, day care for the elderly, day care for people with learning disabilities. Social Services departments are often part of your local council offices.

Social worker – employed by Social Services to carry out an assessment of your needs and arrange services to meet those needs.

Support worker – an employee of a public or private Social Services or social welfare agency who would provide support for some of the everyday practicalities, such as shopping, helping with budgeting etc.

Welfare benefits – see 'Social Security benefits'

Welfare rights worker/advisor – someone who specialises in welfare rights and may be employed by a local authority (for example, within a Social Services Department) or by an independent advice agency, such as the Citizens Advice Bureau (CAB).

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Introduction

If you are experiencing long-term mental distress or have a mental illness diagnosis, you may feel that staying in employment isn't possible for a time. Even if you are in work, you may feel that you aren't able to work on a full-time basis, or you may be finding it difficult to obtain employment suited to your needs. If you any of these situations apply to you, then you should be entitled to access Social Security benefits.

Getting help, support and advice

The most important thing to know is where to get independent advice and assistance with any aspect of Social Security benefits or correspondence. Listed below are some of the sources available: they will give you advice on your rights at work and what benefits you are entitled to claim whether you are in work or not.

Local authority welfare rights services – the availability of this kind of service will very much depend upon where you live. Often these services are to be found within your local Social Services Department, Hospital Discharge Unit or GP Surgery, although some Community Mental Health Teams may even have a dedicated welfare rights section within the organisation they work in.

Independent advice centres; for example, Citizens Advice Bureaux (CAB) or independent welfare rights campaign groups – again the availability of this kind of service will vary depending upon where you live. There are over 3,000 CAB outlets in the UK, and you can usually find references to their location in local libraries, GP centres and community centres. (Also see ‘Useful organisations’.)

Welfare rights websites – for people who have access to the Internet this is an increasing way to receive support and advice around welfare benefits. The Citizens Advice Bureau provides a free website at www.adviceguide.org.uk. However, for some sites there may be a cost involved in accessing some of their services.

Local government websites – particularly www.direct.gov.uk

Local Mind associations (LMAs) – there are over 180 LMAs throughout England and Wales, some of which provide specialist assistance with welfare rights. Find out where your nearest local Mind association is by contacting the MindinfoLine on 0845 766 0163 or see Mind in your area.

Local advocacy services – if you are worried about approaching Social Services staff either directly or on your own, an advocate can go with you to provide moral support and to act as a liaison if necessary. Contact your local Social Services department who should be able to provide you with a list of independent advocacy services in your area.

Example
Sharon has recently been awarded Disability Living Allowance due to her mental health difficulties. "I tried claiming DLA before, on my own, but was turned down. If it hadn't been for the welfare rights worker helping me with the form and writing a letter of support I know I wouldn't have got it".

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Some of the benefits you may be able to claim

You will need expert advice on what sort of benefits you are eligible for. Using the help of a welfare rights advisor (contact your local council or Citizens Advice office) can help you to maximise your income and access financial help that you may otherwise be unaware of.

Here are some benefits that you may come across (this is not a complete list):

Tax Credits – if you are on a low income, have a disability or are a parent then you may be eligible to receive extra income in the form of Working Tax Credits. This includes a component for childcare costs.

Child Tax Credits are paid to parents or guardians whether they are working or not. For more information, contact the Tax Credit Helpline. Packs are also available from HM Revenue and Customs, and Jobcentres. (See 'Useful organisations' for details.)

Pension credit – a means-tested benefit for people aged 60 and over. It has two elements: Guarantee Credit (which replaced Income Support for people aged 60 and over) and Savings Credit for people aged 65 and over.

Housing Benefit and Council Tax Benefit – you may be able to gain help with the cost of your rent and council tax if you are on a low income; however, any tax credits you are receiving will be taken into consideration as income.

Local Housing Allowance (LHA) – since April 2008 this has replaced Housing Benefit for newly registered private tenants and will cover all other private tenants from April 2009. Council and Housing Association tenants will not be affected. Rules are similar to HB but if you are a private tenant you should seek advice on qualifying for LHA from your local council.

Job Seeker's Allowance (JSA) – benefit paid to a person who is 'signing on' at their social security office and is considered fit for work. You may also be able to claim if you are working less than 16 hours per week. There are two main types of JSA: Contribution-based JSA paid to people with the right amount of national insurance contributions and Income-based JSA for those with no other fixed income.

Income Support (IS) – a means-tested or income-related benefit (i.e. paid out after taking into consideration any other finances and/or capital you have), paid to top up other benefits or low earnings to cover basic living expenses. It can also be paid to people who are not required to sign on for work (for example, due to disability), and may include various levels of ‘disability premiums’, which are increased amounts of Income Support reflecting your level of disability or the amount of time you have been claiming IS.

Incapacity Benefit (IB) – a contribution based (i.e. usually based upon National Insurance contributions made throughout your employment period), long-term sickness payment, administered by Social Security (DWP). After 28 weeks of not being able to work because of ill health, you can claim IB from Jobcentre Plus. (A new benefit – Employment Support Allowance – is being introduced to replace Incapacity Benefit in 2008, see ‘Benefits, work and the future’.) You may be able to do a limited amount of paid work under the Permitted Work Rules while receiving this benefit. Check with Jobcentre Plus for the details.

Statutory Sick Pay (SSP) – if you are off sick and your employer does not have their own sick pay scheme, they must pay you Statutory Sick Pay if you are eligible. This is a state benefit and is payable for the first 28 weeks of absence. You may be entitled to National Insurance contribution credits. These affect your entitlement to other benefits and pensions, so it is important to claim them if appropriate. Contact the NI Contributions Office for more guidance (see 'Useful organisations').

Disability Living Allowance (DLA)/ Attendance Allowance (AA) – DLA (for people 65 years old and under) and AA (for people over 65) are weekly tax-free, non-means-tested benefits paid to people who have support needs as a result of their disability. These are benefits which are traditionally more difficult to attain for people with mental health problems.

DLA and AA are paid in recognition of the fact that you require assistance and attention due to your disability/illness. DLA is divided into two components: a care component in recognition of your care needs, and a mobility component, reflecting your difficulties in getting around. The care component is paid at three different levels - high, middle and low - each one reflecting your level of need. The mobility component is paid at two different levels, high and low.

AA is paid to people over 65 and comprises a high and low care component only  (which are paid at exactly the same levels as the high and middle rates of DLA care component).

For people on Income Support, as a result of making a successful application for DLA – particularly for the middle and high rates of the care component – you may be able to claim additional Income Support.

For people who may have previously been entitled to Incapacity Benefit only, a successful claim for DLA may well result in entitlement to Income Support for the first time (a new claim for Income Support is needed here).

As a consequence of successfully applying for DLA, you may be entitled to further help, including, additional Housing and Council Tax Benefit, health benefits (see opposite) and the right to apply for Social Fund Community Care Grants/Budgeting loans (see below). For more details contact your local Citizens Advice office or one of the sources of support below.

Carer's Allowance (CA) – benefit paid to a person who cares for someone claiming DLA (middle or higher rate care component) or AA (higher or lower care component). If CA can’t be paid it may be possible to claim an Income Support ‘Carer Premium’. Seek advice about this.

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Making the most of your benefits

If you are claiming any of the benefits mentioned above, or any other benefits, there is often more help available to you, in the form of subsidies.

Additional help if you are receiving tax credits
You may be able to get help with metered water charges, essential house repairs and insulation, and prescription charges. If you have children over the age of 16 they may be able to receive Education Maintenance Allowance (EMA). This means-tested benefit is money given to help young people continue their studies.

Health benefits
If you are in receipt of Income Support, Income-based Jobseeker's Allowance, Pension Credit 'Guarantee Credit' or have an NHS Tax Credit Exemption Certificate, then you will be exempt from paying prescription charges and likely to be entitled to other health related benefits such as dental treatment, sight tests and glasses. You may also get a refund for any reasonable travel costs incurred in receiving treatment under the care of a hospital consultant.

Note: If you are in receipt of Incapacity Benefit or Employment Support Allowance you may not share the same entitlement for these types of health benefits, and may only receive partial financial help towards the cost of your prescriptions on the grounds of receiving a low income such as Incapacity Benefit. (A claim form is available from your dentist, optician orGP surgery.)

Alternatively, if you need large quantities of prescriptions then you may be better off applying for a Prescription Pre-Payment certificate which can be paid for up to a period of either four months or a year. This will reduce the average cost of each individual prescription charge (call helpline 0845 850 1166 to order a form, calls charged at local rate, or log on to www.dh.gov.uk).

Travel and transportation
From April 2008 new concessionary travel arrangements came into place across the country for people 60 years and over and for ‘eligible disabled people’. The exact eligibility criteria for people with disabilities is determined by each local council, so you need to contact your local council office to find out more.

Discounts may also be available via a Disabled Persons Railcard (www.disabledpersons-railcard.co.uk) or by National Express Coaches (www.nationalexpress.com) for those in receipt of DLA, AA or Incapacity Benefit. Being in receipt of DLA or AA may well qualify you for the maximum concession rate.

If you are in receipt of the Higher Rate Mobility component of DLA you may also qualify for the Blue Badge Scheme, which can be used for parking concessions or when buying or hiring a vehicle (contact your local council for details on how to apply).

Help with heating and home insulation costs
If you are in receipt of Disability Living Allowance (DLA) or Attendance Allowance (AA) you may receive help with paying for heating and insulation improvements in your privately owned or rented home (at the time of print this was up to a maximum of £4,000). This help is provided through the Government's Warm Front Grants Scheme (see www.direct.gov.uk for details).

Being in receipt of some of the other benefits already mentioned, such as Income Support and Housing and Council Tax benefit, may also qualify you for help, as long as these benefits contain additional Income Support amounts known as 'disability premiums' as part of their make up.

Disabled Facilities Grants
Contact your local council housing department to see if you may be eligible for the Disabled Facilities Grant: it exists to help people with a disability adapt their property to suit their specific needs. The property can be either rented or privately owned.

The definition of being disabled, for the purposes of qualifying for help under the Disabled Facilities Grant scheme, includes 'having a mental disorder or impairment of any kind'. Disabled Facilities Grants for adults are means-tested so being in receipt of Income Support, for example, will increase your prospects of getting help.

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Accessing the Social Security Social Fund

Very often people need extra one off payments from Social Security in order to help deal with a crisis in their lives; perhaps to avoid an admission to hospital or to help become more established in the community as a result of a long stay in hospital or a move to alternative accommodation.

The Social Fund is designed to help you in these situations. It is split into two parts: the Regulated Social Fund and the Discretionary Social Fund.

Regulated Social Fund
This fund makes one off payments to cover specific costs such as maternity grants, funeral, winter fuel and cold weather payments. You qualify for help in this way if you are in receipt of certain benefits such as Income Support or Pension Credit. Some grants should be paid automatically, such as cold weather payments; others you have to apply for, such as funeral payments. (Seek welfare rights advice about satisfying conditions).

The Discretionary Social Fund
The Discretionary Social Fund deals with Community Care Grants (given to promote living in the community), Budgeting Loans (help with day-to-day living costs) and Crisis Loans. Typically, you can claim for essential household items such as cookers, beds, furniture, floor coverings, expenses associated with moving home, utility connection charges and clothing. (This is not an exhaustive list, please get advice for eligibility on anything you wish to claim for.)

To be eligible for Community Care Grants and Budgeting Loans you have to be entitled to a qualifying benefit such as Income Support. Crisis Loans may be paid out whether or not you receive benefits and may cover emergency situations such as fire or flood or a delay in receiving regular benefit payments. They can also be paid in the event of homelessness or rough sleeping where there is a ‘risk to physical or mental health’.

Unlike the regulated part of the fund, there is no legal entitlement to a grant or a loan even if the rules are satisfied, as it is at the discretion of the Social Security office (DWP) as to whether or not they make a payment. Grants and loans are also part of a cash limited budget, so if the allocated pot of money has been spent for that year then you must wait until the budget is renewed again at the start of the financial year i.e. April.

Applying to the Discretionary Social Fund
As it is less than straightforward to access Community Care Grants and Budgeting Loans it is vital that you make a good case stating why you need the help. In doing this it is a good idea to get some advice and some letters of support to accompany your application (this could be from your support worker, social worker or advocate).

It is also a good idea to argue strongly for a grant rather than a loan as you would naturally have to repay your loan to Social Security. Many people have expressed their anxieties about accumulating debt in this respect, even though these are interest free loans.

If a loan is all that you are offered and you are happy to accept it, then it is important to agree with Social Security how much you can repay each week from your benefit. (Also see Mind's booklet Money and mental health: managing your personal finances). Challenge Social Security if you think they want you to pay too much, and enlist support to do this if necessary. Depending upon your financial circumstances, it may be possible to pay back as little as five per cent of the loan per week.

Example
Gareth recently moved into accommodation with support nearby and needed a new cooker, because his old one was beyond repair. "My social worker helped me fill in the form and wrote a letter for me to go with it, and I got £140 towards my cooker. I also got some money for new carpet and moving expenses. There's no doubt it would have been difficult and stressful without this money".

Note: the important thing to remember is to try and get letters of support to include in your application – ask any support staff you are in contact with, such as your social worker, nurse or advocate.

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How your savings may affect your benefits

For full and complete advice about how capital and savings affects your welfare benefits, seek independent welfare rights assistance. However, the general ruling states (at the time of writing this guide) that for Income Support (IS), Housing Benefit (HB)/Council Tax Benefit (CTB) and income-based Jobseeker's Allowance (JSA), you are excluded from receiving benefit if your capital is above the upper limit of £16,000. Capital at or below the lower limit of £6,000 does not affect your benefit. If your capital is between the limits, then a 'tariff income' is assumed, whereby £1 per week for every £250 (or part of £250) above the lower limit is included as your income. So for capital of £6,345, £2 is included as income. (Make sure that you double-check the current limits.) Rules are amended slightly for people who are 60 years and over – seek advice from a welfare rights advisor.

Managing your benefits

Once you have talked over your needs and entitlements to benefits with an expert welfare rights advisor, you will need to fill in forms to claim any benefits. If you need help with filling in forms, you should seek out help from an expert advisor or at least try to get some support from someone you know and trust.

Managing the claiming process

Whichever benefit you apply for, there should usually be an acknowledgement of receipt of your application from the Department for Work and Pensions, followed by a decision to either award you a benefit or an explanation as to why you have been refused benefit.

Depending upon the benefit you have applied for, the length of time taken by the DWP to make a decision may vary; for example, a claim for Income Support may take less time to process than a claim for Disability Living Allowance (DLA), which may require the gathering of additional supporting evidence on your behalf. However, given that there are often organisational changes within the Social Security system, nothing should be taken for granted in this respect!

It is important to keep paper copies of any decisions made by the DWP or your local council, so that should you wish to challenge the decision or apply for another benefit, you have access to all the correspondence you need. It may for example, help to accurately process a Housing/Council Tax Benefit claim if you can produce written evidence of your DLA.

It would be a good idea to keep papers in something like a plastic file wallet where you can keep things in alphabetical and/or chronological order.

Challenging an unfavourable decision

You can challenge any decision made with respect to an application for benefit, but again the advice is to make sure you have support and welfare rights representation when asking the DWP to reconsider a decision you are unhappy with. It is especially important to have written supporting evidence to back up your case, as this can be crucial when successfully challenging decisions.

It is also advisable to have someone with welfare rights experience represent you, if you haven't had a favourable response from the DWP following a request to reconsider their decision. If this is the case, the next stage will be to seek a favourable decision at a Disability or Social Security Appeal Tribunal. You can attend these tribunals with your representative; however, if you feel so unwell that you consider the experience itself may make your condition worse, then this is something you should discuss with your representative and also needs to be explained to the Appeal Tribunal as well.

Note: it cannot be guaranteed that the Tribunal will hear your case if you are unable to attend, as there is no consistent practice in this respect – it is very much left to the discretion of each Tribunal.

It is important to ask for advice and/or advocacy to challenge any decision you may not agree with. The statistics show that with the right support and representation the majority (up to 80%) of challenges to decisions are successful in favour of the claimant. Also, according to the Child Poverty Action report 2007, as much as £14 billion in means-tested benefits such as Income Support go unclaimed each year, so it is always worth pursuing a benefit claim if you feel that you are entitled to it.

And remember, always keep records of any written correspondence regarding your benefits.

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Organising your finances

The DWP no longer pay benefits by giro cheque unless there are special circumstances; for example, if there was an error at your bank and your money wasn't logged for that week. (In this sort of case you can request an emergency payment by giro).

Instead, they try to make things easier, and also prevent fraud, by paying benefits directly into your bank, building society or Post Office account; so it is important to open one if you don't have one already.

It is also important to talk to your Social Security office (DWP) or to someone you trust, such as family or friends, if you need more information or support in opening an account.

If you feel you may have difficulty in keeping your benefit finances in credit then you may wish to consider looking at banks and building societies that operate fair charges or facilitate exemption from bank charges if you go overdrawn. Alternatively, Post Office accounts don't allow you to go overdrawn in the first place, so may be a good preventative solution.

Getting help to organise

If you feel or decide that you may have difficulties or find it too stressful in managing your benefits, you can ask others to manage them for you. This is called an 'Appointeeship' and you can nominate a friend, carer or support worker to be your 'Appointee'. This person then becomes fully responsible for looking after and administering your benefits and also has to inform the Social Security office (DWP) of any changes to your circumstances, such as going into hospital for a period of time. Social Security approval is required for an Appointeeship.

The important things to remember about this option are :

• The person you choose has to agree to become the Appointee and take on the responsibilities attached to such a position.
• Choose someone you can really trust and depend on.
• The Appointeeship can continue for an indefinite period of time; however, if at any point you are not happy with the arrangement, you should approach Social Security to bring the situation to an end or to appoint another willing volunteer to the position.
• You may wish to make written arrangements, such as an advance statement (also known as an advance directive – see Further reading), detailing your wishes in case you need to go into care or hospital.

If your health deteriorates or you continue to struggle with your financial affairs, then a more legal arrangement such as assigning a Power of Attorney may be necessary. However, please note that this also has implications for the safeguarding of all your financial assets, not just your welfare benefits. (Seek legal advice about this – see 'Useful organisations').

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Changes in your circumstances

If there are any changes in your circumstances regarding your work activity, income, living arrangements or health, you are obliged to inform the DWP as soon as is reasonably possible, particularly with respect to Incapacity Benefit and Income Support. For Disability Living Allowance (or Attendance Allowance) you are required to inform the Disability Benefits centre if the support needs that your claim is based on change, for example because your health has improved. You can claim DLA whether or not you are working; what matters is the level of support need you have. Often being able to work or do some work-related activity is a reflection of improved mental health, but sometimes the support needs will continue or even increase for a while. After starting a new activity it is advisable to see what its impact is on your support needs before reporting the change in circumstance.

As far as Social Security law is concerned it is your responsibility as the claimant to inform the DWP of such changes in your circumstances (unless you have an Appointee – see above); although someone can offer to do it on your behalf if, for example, you are unwell.

Example
If your mental health problems worsen to an extent that you need to spend a while in hospital, then any Disability Living Allowance or Attendance Allowance you may be entitled to would be suspended after a continuous hospital stay of 28 days (rules at time of printing). However if you spend short periods back home within your stay in hospital, such as weekends, overnight leave etc. then you should claim DLA for those periods of time. Your claim for these periods will need to be accompanied by records from your hospital unit which can verify your time spent at home. It is best to get advice and assistance with this.

Jenny has recently spent eight weeks in hospital after she became unwell. Her DLA stopped after four weeks. "My Social Worker told Social Services that I was in hospital, but then when I came out my Social Worker was away and I didn't get my DLA back because no one told them at Social Services that I was at home again". This is quite a common problem.

Remember that you, or your advocate or support worker, need to tell Social Security about when you are discharged from hospital as well as when you go in.

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Your mental health and the benefits system

There is no doubt that from time to time people have stressful experiences as a result of claiming and renewing claims for Social Security benefits. This is, in large, due to the complicated nature of the British Social Security system and the bureaucracy that goes with it. This is why it is recommended to get as much advice, support and advocacy as you can when applying for benefits.

Mental health awareness

It is also fair to say that appreciation and awareness of mental health issues among benefits staff needs to improve. Indeed the law which governs Social Security could be a little more understanding of the needs of people with mental health problems and make it easier for people to secure their benefits. This is another reason why advocacy and support is needed when tackling benefit issues.

You should remember that if you qualify for benefits you have a right to claim them. If, due to your illness or disability, you are unable to earn a living from some kind of employment then you should be entitled to income from the Social Security system. You may even be on a 'low income', or only manage infrequent employment, but you may still be entitled to some payment (if you are part of a couple then your partner's income will be taken into consideration). Know your rights! (Contact your local Citizens Advice office or the Equality and Human Rights Commission – see 'Useful organisations').

Your mental health and the claiming process

Example
Paul has experienced mental health difficulties for five years and lives on Incapacity Benefit. "I don't like getting letters from the Social. If a brown envelope comes through the door I'll chuck it in the bin rather than open it".

If you feel like this then it might be an idea to talk to a friend or advocate who can help with your post, or have them help you to talk to Social Security about your concerns.

When working out their entitlement to benefits, many people find dealing with the Department for Work and Pensions (Social Security), an anxious time. If you already feel unwell, having to go through an application process may just make your mental health worse. In turn, this may mean that you forget to keep an eye on return dates for application forms or neglect to reply to the DWP if they contact you; for example, for an update on your personal circumstances. Because of this, you can often lose out on benefits you are very much entitled to.

For instance, the process of claiming for or renewing a claim for Disability Living Allowance (DLA) is one which is often described as very stressful by people who claim it. It can cause increased anxiety because the qualifying conditions for DLA require claimants to concentrate on negative aspects of their condition, such as describing how their problems lead to health deterioration, risk and harm issues for themselves and others, and their need for supervision, attention and support.

However, a successful claim for DLA can lead to a significant increase in weekly income, which can lead to a better standard of living. This will, ultimately, help reduce your stress levels so that you can cope with your mental health problems without having to worry about where your money is coming from. Get the support you need to make sure that this happens with what ever benefits you are applying for.

Example
John has been on DLA for seven years and has had to renew his claim twice in that period. "I do get worked up when I know my DLA is up again. It can stress me for a while, but if I know I'm going to get help with it then I won't worry so much. Having the extra money has made a hell of a difference though. It means I'm not worried for the rest of the time about bills etc. I don't regret going for it".

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Benefits, work and the future

From October 2008, the Government’s drive to get more people back into employment means the start of a new benefit called Employment and Support Allowance (ESA). ESA will be paid instead of Incapacity Benefit (IB) and Income Support (IS) to new claimants who are assessed as having limited ability to work due to ill health or disability. By 2010, it is anticipated that all existing claimants of IB and IS will also be transferred over to ESA.

Employment Support Allowance
Although details of this new benefit are just emerging at the time of writing this booklet, it will have some broad similarities to IB and IS. However, it is anticipated that there will be a more rigorous initial ‘assessment phase’ within the first 13 weeks of the new claim followed by a ‘work capability assessment’ determining the claimant’s level of disability and also ‘limited capability for work’.

Claimants will then be placed in one of two groups: a ‘work-related activity group’ whereby the claimant will be required to adhere to work-related conditions in order to qualify for benefit; and a ‘support group’ reflecting limited capability for work, which does not require the claimant to undertake workrelated activity in order to receive benefit.

Both government and disability groups alike anticipate that there will be an increase in the numbers of claimants and/or their representatives challenging the DWP over decisions made under ESA. It is important that you receive support both to claim ESA and to challenge any decision you consider unfavourable to you.

Considering returning to work

The two most important things to remember when considering a return to work are to:

• discuss any changes and options with those people who know and understand your difficulties i.e. family, friends, support staff, advocates
• seek specific advice from a welfare rights advisor.

It is possible to do some kinds of work and keep our benefits

It may be useful to consider the following points:

Voluntary work
Some work can be considered voluntary; for example, working in a charity shop or helping out in some other charity capacity. The key thing to remember is that you must not receive any payment for it over and above any actual expenses incurred as a result of that work (for example, reasonable lunch or travel expenses). It has been reported by some people that these expenses can be treated as income by the DWP, but this should be challenged! Seek welfare rights assistance.

Permitted work
This is work which you can be paid for as long as you work less than 16 hours per week. There are also limits as to how much you can earn. If you are seeking employment under Permitted Work Rules it is advisable to get written supporting evidence from your support worker or social worker, who can evidence that the work is of benefit to supporting your emotional wellbeing – this is more likely to be seen as Permitted Work by the DWP. Again seek advice around this area.

Returning to work full-time
Coming off your usual benefit, such as Income Support (IS) or Employment Support Allowance (ESA), to take up full-time work (16 hours or more per week), may entitle you to additional help; for example, Working Tax Credit. There may also be assistance with short-term payments (for up to a year) such as ‘Return to work’ credit or ‘Inwork ‘credit. This can amount to £40 per week extra income to help top up your wage. There may also be one-off grants to help with costs associated with taking up work, and even the security of knowing that if you become ill again within two years of starting work you may be able to return to claiming ESA or IS. Again, seek advice and support with this option.

Disability Living Allowance or Attendance Allowance
These allowances can be paid on top of any kind of work that you do, be it voluntary, part-time or full-time. As long as your need for support doesn't change, you need not inform the DLA/AA section at Social Security about working and claiming DLA/AA.

However, with respect to the rest of your Social Security benefits, it is important to inform your DWP office of any work that you undertake (this includes any voluntary work). It is important to remember that it doesn’t always have to be ‘all or nothing’.

It is possible to work and retain your benefits in some circumstances as described above. Although it is understandable that people may feel anxious about changes planned for Social Security benefits, there is no doubt that the legislation has been more sympathetic to the idea of people with mental health problems trying some work and yet not losing all of their benefits. This has to be a positive sign for the future!

Remember, always discuss your options before making a decision. There are both personal and financial considerations to be mindful of when choosing either benefits or work, so you need to consider the positives and the negatives. (Also see Mind's booklet Money and mental health: staying in employment.)

Example
Marie works three hours per week at her local café under the Permitted Work Rules without her benefits being affected. "It's important to me that I do these few hours as it breaks up the week and gets me out of the house. I don't really care about the money, although it's welcome".

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Service user involvement and the welfare benefits system

Central to the whole idea of shaping and improving mental health and generic statutory and voluntary services is the inclusion of service users at various functional levels. There has been a long history of user involvement within mental health services for many years and there is no doubt about the valuable contribution service users make to the development and improvement of services nationally. Equally, there is no doubt about the desire of service users, services and Government for this involvement to continue.

However, what has continued to perplex service users, services and Government is the dilemma of balancing the rewarding of service users for their contribution and the effect that this would have on their welfare benefits.

Because there is no consistent policy and practice across the country, in this regard, the advice is to seek welfare rights assistance, liaise with the local DWP and agree some arrangements about payment. It can be done!

Understandably this whole subject area can cause stress and anxiety for service users, but it should not be allowed to stand in the way of people making vital contributions to service development. In some parts of the country payments have been made in the form of high street store vouchers, which is referred to as ‘payment in kind’ under Social Security Law. However, it has to be emphasised that regular financial payment and reward will be viewed by Social Security as earnings and as such it is necessary to adhere to the rules governing earnings and benefits. In other cases, people have opted to take advantage of the Permitted Work Rules (see above). But if you are unclear about how to proceed, seek welfare rights advice.

For further reading on this area you can check out Contributing on equal terms:service user involvement and the benefitssystem – Adult Services Report 08, Social Care Institute for Excellence (www.scie.org.uk).

Many of the issues raised in this booklet relate to Social Security law, which can be complex and often confusing; so it is important that at all stages you seek advice and reassurance before proceeding. On the positive side, many people have commented on how empowering it can be to become more familiar with Social Security issues as a result of receiving such support, and this increase of knowledge has made them feel more confident about dealing with these matters in the future.

Example.   Jacob gets Incapacity Benefit, DLA and some Income Support. "I'm not as anxious as I used to be about claiming my benefits as I think I know a little bit about them now. I understand the conditions that go with them and I can tell the Social if I think they've got it wrong".

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Useful organisations

Advice on welfare rights, employment and benefits

Benefit Enquiry Line
tel: 0800 882 200

Citizens Advice Bureaux (CABx)
web: www.adviceguide.org.uk
For free, confidential and independent advice, including about rights and benefits. See the phone book or the CAB website for your local office

The Department for Work and Pensions
web: www.dwp.gov.uk
You will need to look for your local office in either the phone book or on their website

DirectGov
web: www.direct.gov.uk
Website providing information on government services. Areas include people with disabilities, money, tax, benefits, employment, carers and education.

The Disability Alliance
tel: 020 7247 8776
web: www.disabilityalliance.org
Experts on social security benefits for disabled people

HM Revenue and Customs
web: www.hmrc.gov.uk
Their website will direct you to the exact department you need to contact, or your local HMRC centre (can also be found in the phone book)

Jobcentre Plus
tel: 0800 055 6688 (to make a benefit claim)
textphone: 0800 023 4888
web: www.jobcentreplus.gov.uk
Information about benefits and employment support

National Insurance Contributions
web: www.hmrc.gov.uk/nic
Lists everything to do with NI contributions and their offices, and further useful contacts

Tax credit helpline
tel: 0845 300 0900 (Every day 8am to 8pm)
textphone: 0845 300 3909
Provides information about tax credits, including Working Tax Credit and Child Tax Credit

Legal advice

The Community Legal Service (CLS)
helpline: 0845 345 4345 (for free legal advice)
web: www.clsdirect.org.uk
The CLS exists to help you find the right legal information and advice to solve your problems. A wide range of organisations, including Citizens Advice Bureaux, law centres, independent advice agencies and solicitors have met certain quality standards set by the Legal Services Commission and are accredited CLS providers. Their advice is free or you may be eligible for legal aid. The website has details of accredited CLS providers

Law Centres
web: www.lawcentres.org.uk
Contact the town hall in your area to get the details of your local law centre or visit this website

Equality issues

Equality and Human Rights Commission
web: www.equalityhumanrights.com
Open from October 2007 and championing all equality rights

Managing money

Moneymadeclear
helpline: 0845 606 1234 minicom: 0845 730 0104
web: www.moneymadeclear.fsa.gov.uk
Easy-to-use information from the Financial Services Authority (the UK's financial watchdog) to help you manage your money

Money Saving Expert
web: www.moneysavingexpert.com
Tips on budgeting

Voluntary work

do it!
web: www.do-it.org.uk
Website featuring thousands of voluntary opportunities and information about becoming a volunteer

Local Mind associations
MindinfoLine: 0845 766 0163
To find out where your nearest local Mind association is, go to Mind in your area. 

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Further reading

Mind booklets

Available to read online, or to purchase from Mind Publications, FREEPOST (WD2336), London E15 4BR, tel 0844 448 4448, email publications@mind.org.uk, or the bookshop.

Mind troubleshooters: stress (Mind 2008)
The Mind guide to managing stress (Mind 2006)
Money and mental health: looking after your personal finances (Mind 2006)
Money and mental health: staying in employment (Mind 2006)
The Mind guide to surviving working life (Mind 2006)
How to cope with hospital admission (Mind 2004)
Mind rights guide 6: community care and aftercare (Mind 2008)

Mind web publications

Mind legal briefing: advance directives
Seeking employment (factsheet)

Other publications

Claiming Disability Living Allowance: an information pack for adults up to age 65 using
mental health services, their carers and advocates, Alex Davis, Ann Davis and Martin O’Kane, The Centre of Excellence in Interdisciplinary Mental Health, (The University of Birmingham and Suresearch, April 2007), www.ceimh.bham.ac.uk

The big book of benefits and mental health 2008/09, J Stenger (Neath Mind 2006)

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This booklet was written by Martin O'Kane.
© Mind 2007
ISBN 9781903567814
No reproduction without permission